Once the labor certification forms are prepared, the application is filed with the State Labor Department. This agency often raises questions about the application ( e.g. whether the stated minimum requirements are too restrictive, or the wage offered is not within 5% of the prevailing wage for that position).

These questions will be presented by the state agency in a written notice, to which a response must be given.

Once the state agency is satisfied with the application form and the employer's response to any issues raised, it will require that a recruitment be undertaken to locate available and qualified U.S. workers.

This procedure involves the placement of an advertisement either in a newspaper of general circulation or specialized journal. Posting of a notice of the job opportunity in a conspicuous location on the business premises is also required.

The advertisement directs applicants to respond directly to the State Employment Agency, which will then forward the resumes to the employer. The employer must then review the documents submitted in order to determine whether a U.S. worker meets the minimum requirements.

Rejections may only be for reasons that the DOL considers to be "lawful" and "job related."

At the end of the recruitment process, information is submitted to the state agency, which then transmits the case to the federal DOL for a final decision regarding whether the case will be certified. Even at this stage, the DOL may raise questions about the application, even though the state agency already may have asked the same questions.

The issues raised by the federal agency are in the form of a "Notice of Findings" to which a response must be given. Once these steps are completed, a final decision on the application will be made by the federal DOL.

Once a case is certified, the employer may then file an Immigrant Visa Petition on behalf of the employee. After the Petition is approved by the Immigration and Naturalization Service, the individual is eligible to obtain permanent residency in the United States once his or her priority date is reached.

The alien's priority date is the date on which the labor certification was first filed. Since the United States only grants a given number of immigrant visas each year, the individual cannot apply for his or her permanent residency until the quota date becomes current. Depending upon the type of case, the individual may be able to immediately apply for permanent residency or may have to wait for some time.

Pursuant to recently enacted legislation, most individuals in the United States may apply for permanent residency at their local Immigration and Naturalization Services offices.

If the individual has ever gone out of status, then the filing fee and a fine equal to five times the filing fee must be paid.

Under current law, individuals involved in employment-based cases must wait five years to be eligible to apply for citizenship. Of this time, at least half must have been spent in the United States.

The labor certification process is the most common method utilized for an alien to obtain permanent residency status in the United States when employment-based cases are involved.
The labor certification procedure is intended to ensure that employers do not seek to employ a foreign national when qualified U.S. workers are ready, willing, able and available to fill the position.