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When to run PERM labor certification recruitment - this is a frequent question from our clients, and it's a great question! Timing is a key element of a successful PERM labor certification process. There are many deadlines and timelines to track within the PERM process, and timing can make or break a PERM labor certification case. Further, the PERM preparation process can be quite long, and it's tempting to do what we can to shorten the preparation process.
One way to potentially shorten the PERM preparation process is to strategically decide when to run PERM labor certification recruitment. It's possible to begin the PERM recruitment (newspaper ads, online ads, job order, etc) while the prevailing wage determination is in process with the Department of Labor, or we can wait for the prevailing wage determination.
We have outlined the pros and cons of each option as follows:
Beginning recruitment while the prevailing wage request is in process with DOL:
| Pros | Cons |
| This could possibly save time; the DOL may take several months to process the prevailing wage request (PWR). If you begin recruitment while the PWR is pending, you may be able to file the PERM labor certification application sooner than if you wait for the prevailing wage determination. | If the prevailing wage determination comes back higher than expected, part or all of the recruitment may need to be re-done. In addition, if the employer is not able or willing to offer the prevailing wage, the process may need to stop altogether, or the employer may need to make key changes that affect the recruitment. |
| If you start recruitment too early, the recruitment could expire or leave you with little time to file the 9089, once you receive the prevailing wage determination. |
Waiting for the prevailing wage determination and then beginning recruitment:
| Pros | Cons |
| This allows the employer to confirm that they are comfortable with the prevailing wage determination amount before investing time and money into recruitment efforts. | This option may mean the process will take longer. You would be waiting for the prevailing wage determination several months, and then conducting recruitment, which usually takes several weeks at minimum. |
| We eliminate the risk of possibly having to re-run recruitment because the prevailing wage came back with an unexpected prevailing wage. |
The question of when to run PERM recruitment is a strategic consideration. In general, we encourage our clients to wait for the prevailing wage determination before proceeding with recruitment. Sometimes taking the "shortcut" of running the recruitment while the prevailing wage request is in process actually makes the process longer and more expensive, because we have to re-run advertisements. However, sometimes employers will decide to take that risk if there's a specific reason, such as the employee running out of time in their underlying nonimmigrant visa status, such as H-1B.
If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today and set up your initial consultation to get the process started! You can set an appointment online. You can also call us at 804-396-3412 or send us an email at info@sumnerimmigration.com. We are immigration lawyers in Richmond, VA but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!
As always, the above information is for educational purposes only and is not legal advice. Please speak with a qualified immigration lawyer before taking action.
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