The DOL, not the employer, dictates the appropriate methods of recruitment, the correct description of the job, and the normal requirements for the job. DOL also receives and reviews all applications, and decides whether the ultimate selection or rejection of a candidate was acceptable. The entire process can take three years or longer to complete in some areas of the country. Such an extended period of time requires employers and foreign nationals to put their businesses and lives on hold. Any change in the employer, the job, or the recruitment requires that the process begin anew.
All parties involved in the system agree that it is dysfunctional.
DOL has tried to reengineer the program over the last several years. However, inconsistent direction from policy-makers, and inconsistent implementation around the country has stymied any effective change. Further, DOL s lack of resources to implement the program has led to unconscionable delays and backlogs in most areas of the country. AILA believes that the Labor Certification Process should be reformed to reflect current business realities. It also needs to be less costly to the government and employers in time, money and other resources.