What happens if a qualified U.S. worker applies for the position during the labor market test? Does the company have to hire the qualified U.S. worker?

During the labor market test the employer must review all applications received and follow up with any applicants who appear to meet the minimum job requirements. If an able, willing, available, and qualified applicant is identified, then the PERM application cannot be filed. However, because the employer is conducting a "test" of the labor market, the employer is not required to hire anyone as a result of the test.

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