Procedure for "Standard" Labor Certification Applications

In the standard labor certification process, the employer files an application with the state employment office, the state agency oversees the advertisement and recruitment process, and then the application is sent to the Regional Department of Labor office for certification. 

These are the basic steps in this process:

• The employer prepares a labor certification application, usually with the assistance of an immigration lawyer. The application describes in detail the job duties, educational requirements, training, experience, and other special capabilities the applicant must possess to do the work, along with a statement of the prospective immigrant's qualifications.

• The employer submits the application to the state workforce agency where the job is located.  The state workforce agency date-stamps the application when it is received, and this date becomes the foreign worker's "priority date." The state workforce agency then completes a preliminary review of the application.  The state workforce agency also notifies the employer of potential problems, such as minimum requirements for the position that are not reasonable or sufficiently job-related.  The state workforce agency also determines whether the wage offered meets minimum prevailing wage standards.
• The state workforce agency then works with the employer to develop a job advertisement for placement in either a journal or newspaper of general circulation in the area of intended employment (depending on the nature of the job).  The ad must contain a complete description of the vacancy, including job responsibilities, duties, salary, and minimum qualifications (education, training, and experience).  The employer must interview all candidates who apply and appear to meet the position requirements.
• The employer evaluates job candidates against the job criteria. (The job criteria have already been established on the labor certification application itself.) The employer then submits a recruitment report to the state workforce agency after all of the applications have been received and potentially qualified applicants have been interviewed.  The recruitment report is a summarization of the applications received and the candidates interviewed, including any decisions made to hire or not to hire the candidates.
• If any qualified U.S. workers are identified, the state workforce agency will inform the employer that the application will likely be denied by the Certifying Officer in the regional office of the US Department of Labor.
• Information gathered by the state workforce agency will be forwarded to the regional office of the US Department of Labor for review and a decision. Generally, the state workforce agency will notify the employer when the application and all associated documents have been forwarded to the Certifying Officer of the regional office of the US Department of Labor.
• Once the Certifying Officer has reviewed the recruitment report and accompanying documentation, the Certifying Officer will issue a final determination granting or denying the application.  The DOL may require additional information, interviews, or advertisement if it feels the employer has not met all conditions for certification.  The DOL may also issue a Notice of Findings, which is a document that indicates the DOL Certifying Officer's intent to deny the application and identifying the reasons for the intended denial. If the labor certification is denied, the employer can appeal, but the waiting time for appeals to be adjudicated is quite long.

For comparison, you can review the procedures for RIR Labor Certification Applications and the PERM program process.