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Labor Certification Under PERM - Frequently Asked Questions


Where is the appropriate place to file a Labor Certification application involving a foreign worker who will be employed at various unanticipated work sites?

Applications that require the foreign worker to work at several locations in the U.S. should be filed with the SWA having jurisdiction over the area in which the employer's main office or headquarters is located.


Will I be notified once the region receives the file?

Generally, the SWA will notify the employer when the application and all associated documents have been forwarded to the certifying officer in the regional office.

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How can I check the status of my permanent Labor Certification application?

If you have not been informed by the SWA where the application was submitted that the case has been transferred to the DOL regional office, you should contact that SWA for the status. If the SWA has informed you that the case has been transferred to the DOL regional office, you should contact that regional office. Each regional office has a telephone information retrieval system that allows interested parties to receive an automated response to the status of a case by using either the case number or the employer telephone number.


What is the processing time for a permanent Labor Certification?

The processing time to obtain an employment based permanent labor certification can sometimes take up to several years with the state agency and the DOL regional office (the longer processing times occur in states with the largest influx of immigrants, such as New York and Texas). Some cases are extremely complex and require additional evaluation.

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