Factors Influencing the Length of the Permanent Labor Certification Process

In general, permanent labor certification can take a few months of time. During the process of permanent labor certification, a business needs to apply for a filing fee, run permanent labor certification ads, and interview potential domestic hires. Here are a few of the major factors that influence the length of permanent labor certification. State Processing Times States have different processing times. Some states have very frequent labor certification requests -- others don't.

Areas that need to process larger volumes of requests, such as major cities, will often have a longer processing queue. Likewise, smaller cities and counties may not have a significant wait. Seasonal Processing Queues Processing times can also vary by season. There are certain priority dates and dates that are more likely to have a faster queue. Earlier in the year often has a faster processing time, while processing during the holidays can lead to some delays. When employers are doing their most hiring, the process of permanent labor certification will usually be the longest -- this is because there are more forms and applications being processed at the same time.

Advertising and Legal Issues There are certain advertising and legal requirements that have to be fulfilled for the labor certification process to go through. The failure to meet any of these requirements -- such as by filling out the wrong forms, filing the wrong forms, or potentially placing ads incorrectly -- could easily delay the process of permanent labor certification or lead to it being denied entirely. It's for this reason that many businesses hire labor attorneys.

Reconsideration Requests Finally, labor certification can be denied for a variety of reasons. If this happens, a reconsideration request needs to be filed. Understandably, this can also substantially delay the process of acquiring certification. The permanent labor certification ads process usually can't be sped up; all a business can do is fulfill the requirements and wait for the application to pass through the queue. Though the process may be lengthy, it usually does not take longer than a few months.