11. 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.
12. 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.
13. Can a permanent Labor Certification application be amended by the DOL after certification is granted?
Only in cases of DOL error, will changes be made to a Labor Certification after approval. All other post-certification amendments must be submitted to the USCIS when a Form I-140, Immigrant Petition for Alien Worker is filed.
14. How can I obtain a duplicate copy of an approved permanent Labor Certification application?
To obtain a duplicated copy of an approved permanent Labor Certification application, the employer should request in writing that the USCIS ask the DOL to provide a copy of a permanent Labor Certification if it has been lost. It is the DOL and USCIS policy not to provide copies to individuals.
15. Are there any shortcuts to filing a permanent Labor Certification application?
If prior unsuccessful recruitment efforts have been conducted within the last six months, a letter requesting Reduction in Recruitment may be submitted with the application at the time of filing with the State Workforce Agency (SWA). These applications are given expedited processing if they meet specific conditions like:
- The employer must provide evidence of a pattern of normal industry recruitment efforts conducted in the six months preceding the application filing date. A single three day ad does not constitute an acceptable pattern
- The application must list only the minimum experience requirements and standard requirements for training and education. The job duties/responsibilities on the application must not exceed those considered normal for the occupation