Time Line

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Time Line

How long does it take to get a labor certification?

The steps involved in obtaining a labor certification are:

Analysis and review

Time is spent upfront reviewing the job, the employer's minimum requirements, the "standard" requirements for the position, the employee's qualifications, the employer's recruitment history for the position, any layoffs the employer has had within the last six months, and the actual and required wage. The analysis will include the probable wage determination by the SWA, a plan for recruitment, and the likelihood of success.

Recruitment

From the time recruitment begins, at least sixty (and no more than 180 days) can pass before the application is filed. A realistic timeframe is that recruitment will start two to four months before the application is filed.

Filing

After recruitment is completed, and a recruitment report is prepared, an application is filed electronically with the Department of Labor. The application must be filed less than 180 days after recruitment commenced, or recruitment must start anew.

[Audit]

The Department of Labor will occasionally audit an application, asking for documentation of recruitment steps, the necessity of certain requirements, or information concerning applicants.

Adjudication

Applications not subject to audit are often adjudicated in a matter of days. Applications with audit requests may take much longer. From 30 days to six months after filing is a normal expectation for adjudication.

After a labor certification is approved, a preference petition must be filed with the USCIS.

The preference petition must be filed within 180 days of the time the labor certification is approved.

The time frame for processing a preference petition (Form I-140) at this writing is six months - and is published on the USCIS web site periodically. "Premium processing" may be requested for forms I-140 - if available, which results in adjudication within two weeks.

Adjustment of status application

After a preference petition is approved, or while it is pending, an adjustment of status application may be filed - IF a visa number is currently available. This is determined by the preference classification, country of chargeability, and the priority date. The priority date is normally the date the labor certification was filed. The country of chargeability is normally the country of birth, and the preference classification is determined by the requirements of the labor certification and requested on the preference petition.

Visa availability may be determined by reference to the State Department's Visa Bulletin published monthly. (See www.usimmlaw.com, under "What's New", "Visa Bulletin.")

The USCIS may take anywhere from a few months, to many years to adjudicate an application for adjustment of status. Delays may be caused by security clearance issues. Delays may also be caused by visa number retrogression. So long as the adjustment of status application remains pending, the applicant can remain in the United States, and may usually obtain permission to work, and to travel. Leaving the US while an application is pending without permission to travel can result in the application being considered to be abandoned.

See "When will I get my green card" - linked from our web site.

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