PERM Labor Certification

Frequently Asked Questions & Answers

16. How long will it take to receive the Labor Certification or denial?

The Online application system will automatically determine, within minutes, if the submitted Labor Certification Application is certified or denied based on information that was entered. Faxed applications will receive notification within seven business days.

17. What is an H-2A temporary Labor Certification?

The H-2A Labor Certification program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

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18. How long is an H-2A temporary Labor Certification valid?

The H-2A certification is valid for up to 364 days. As temporary or seasonal agricultural employment, the work is performed at certain seasons of the year or for a limited time period of less than one year when the employer can show that the need for the foreign worker is truly temporary.

19. What constitutes a temporary need for H-2A temporary Labor Certification?

The employer’s need for a worker must be of a seasonal or other temporary basis. A seasonal basis is the kind exclusively performed at certain seasons or periods of the year and which, from its nature, may be continuous or carried on throughout the year. A temporary basis is for a limited time only or is contemplated for a particular piece of work, usually of a short duration.

20. What is the required time frame for filing an H-2A temporary Labor Certification application?

Employers are advised to file requests for H-2A certifications at least 45 days before the certification is needed. Conversely, SWA’s have been instructed to return H-2A certification applications filed more than 120 days before the worker is needed.