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Labor Certification Frequently Asked Questions
  1. Experience Requirements For PERM
  2. Start-Up Companies and Labor Certification
  3. Recruitment
  4. Immigrant Visa Petition - How long does it take?
  5. Waiting for the Priority Date
  6. How To Get An Older Priority Date?

  1. Experience Requirements For PERM
  2. How does an Employer make sure the job requirements are in line with the Department of Labor (DOL) guidelines?

    The job requirements should not exceed those as described in DOL's Standard Occupational Classification (SOC) system. If they exceed the SOC standards, then the employer must justify a "business necessity" for the excessive requirements by showing how the requirements are related and necessary for the position.

    Are there any restrictions on using the experience gained while working for the Petitioning Employer?

    Such experience can be used if it was gained working in a position not substantially comparable to the position that the Labor Certification is being filed for. The standard for "substantially comparable" is whether at least half of the duties of the two positions are similar.


  3. Start-Up Companies and Labor Certification
  4. Can a start-up Company file a Labor Certification application for one of its employees?

    Yes, a start-up Company can file Labor Certification applications for its employees so long as the Company is able to meet the financial requirements.


  5. Recruitment
  6. What kind of recruitment documentation must be prepared and submitted to DOL?

    There is no need to submit any recruitment documentation to DOL at all. But the Employer must document the recruitment effort undertaken. The Employer should prepare a recruitment report that includes details of the people interviewed; lawful, job related reasons for rejection of applicants; details of people hired, if any; etc. The recruitment report should be kept by the employer, along with tear sheets of print ads, printout of websites, job notice, certification, Job Order placed with state job offices, etc., for a period of five years from the date of filing the Labor Certification application.


  7. Immigrant Visa Petition - How long does it take?
  8. How long does it take to get the Immigrant Visa Petition approved?

    It takes several months. Please see the processing times published monthly by USICS.


  9. Waiting for the Priority Date
  10. Okay, now I have my Immigrant Visa Petition is approved, but the current priority date for my country is at least five years in the past. Does it mean I have to wait for five years to be able to file my Adjustment of Status?

    It is not that easy to predict. The priority dates do not necessary move at the same speed as the calendar. You need to keep watching the Visa Bulletin to see how they move.


  11. How To Get An Older Priority Date?
  12. Getting An Older Priority Date

    I have an I140 approved in EB3 category with a priority date of January 2004;  Now my Labor Certification in EB2 category, but with a priority date of May 2006 has been approved.  Can I file an I140 in EB2 category using this Labor Certification and request the priority date of the earlier approved I140?

    Yes, you can.  When your employer files the I140 petition, have them include a copy of the I140 approved with the earlier priority date, and request USCIS to give you’re the priority date of January 2004 on the EB2 I140 approval.


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