There are many variables that affect when the PERM application can be filed. By regulation, PERM applications must be filed within 180 days of the first recruitment date. In general, however, the Labor Market Test takes approximately 60 to 90 days. PERM regulations require one 30-day job posting with the state workforce agency, in addition to at least two Sunday postings in a newspaper of common circulation that is likely to attract applicants. The employer must wait an additional 30 days from the conclusion of recruitment to file the PERM application.
Additionally, all applications received must be carefully reviewed by human resources and often require follow-up with applicants to determine if applicants are willing, able, available and qualified U.S. workers. This process can take time.
As always, please do not hesitate to contact Garfinkel Immigration Law Firm by phone at 704-442-8000 or via email with any additional questions and to receive more information.