The job must have existed before the alien was hired, or the employer must document that there was a major change in the business that created the job. The labor certification application is made by the employer on behalf of the alien. The Alien Labor Certification unit analyzes the employer's recruitment campaign and employer's evaluation of U.S. applicants and advises the employer if any deficiencies must be corrected. For a typical case, the total time from initial filing with the South Dakota Department of Labor until final determination by the U.S. Department of Labor, in Denver, CO, takes from 4 to 18 months. There can be no guarantees on how quickly cases can be processed.
Some cases are extremely complex and require additional evaluation.
These applications will be given expedited processing if they meet specific conditions shown below. The employer must provide evidence of normal industry recruitment efforts conducted in the immediately preceding six months. The employer must provide evidence of a pattern of recruitment. A three- day ad in a single publication or a single type of advertising does not constitute an acceptable pattern. The application must list only the minimum requirements as to experience, training, and education in accord with the standard requirements found in the Dictionary of Occupational Titles , which includes information on specific vocational preparation ,and the Occupational Outlook Handbook , which lists the usual entry-level and advance qualifications for a position.