US Department of Labor has retooled Labor Certification - it can be approved within 45 days

PERM

For many foreign workers seeking permanent residency in the United States , the Labor Certification process is necessary. Labor certification essentially involves proving to the United States Department of Labor that there are no qualified U.S. applicants to fill the position for which the foreign worker is applying. It now works in the following way:

(1) The company determines the need for the foreign worker.

(2)Under PERM, employers will be required to obtain a Prevailing Wage Determination from the appropriate State Workforce Agency and to conduct recruitment before filing a labor certification application. Recruitment will require placement of a job order with the SWA, 2 advertisements on Sunday (with limited exception), specified posting and for all professional jobs recruitment will be required to include at least three (3) additional steps from a designated list of additional types of recruitment. 

2) After advertising the position and receiving resumes from interested U.S. candidates, the employer conducts the necessary interviews.

(3) If the advertising does not yield a qualified American candidate, the employer responds to the Labor Department and requests a final approval of the labor certification.Employers will have the option of filing applications electronically, using web-based forms and instructions, or by mail.  The new application Form 9089 requires completion of information about the job offer and requirements as well as many attestations concerning the recruitment and other issues bearing on processing.  No additional documents are submitted at the time of application but the Certifying Officer may request any or all of the documents required to support the attestations under a procedure designated as an audit.

(4) The U.S. Department of Labor has indicated it will either audit the case or approve or deny it within 60 days of submittal.

(5) After the labor certification is approved, the immigrant visa petition is submitted by employer and if a visa number is available it can be filed concurrently with:

(6) The principal worker and his/her spouse and minor children under the age of 21 apply for and obtain permanent residency in the United States.

(7) The date  the labor certification application is filed is known as the filing date and is used by USCIS and the Department of State as the priority date. You may access the State Department Visa Bulletin to learn which priority dates are currently being processed.  When priority date is reached an application for permanent residency and employment authorization may be requested.