One of the key elements of a successful PERM labor certification process is timing. There are many deadlines and timelines to track within the PERM process, and timing can make or break a PERM labor certification case.
One of the strategic decisions that we help clients navigate regularly is whether to begin PERM recruitment (newspaper ads, online ads, job order, etc) while the prevailing wage determination is in process with the Department of Labor, or whether to 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 will likely 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, parts of the recruitment (that list the wage) 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 means the entire process will likely take longer. You would be waiting for the prevailing wage determination several months, and then conducting recruitment, which usually takes several weeks at minimum. |
The information above is not legal advice. You must confer with the attorney handling your case to determine which option is best for your particular situation. In short, there are benefits and drawbacks to both options, and your decision will be driven by a variety of factors.
If you need help navigating the immigration or naturalization process with confidence, please contact us today to get the process underway! We are immigration lawyers in Richmond, VA but we serve clients throughout the US and around the world. You can call us at 804-396-3412 or send us an email at info@sumnerimmigration.com. We look forward to hearing from you!
