Permanent Labor Certification Program
Frequently Asked Questions
May I post a Notice of Filing for a permanent labor certification indefinitely?
Yes, an employer may post a Notice of Filing indefinitely, provided that
at the time of filing the permanent labor certification application, the
Notice of Filing was posted for at least 10 consecutive business days
and those 10 consecutive business days all fell within 30 to 180 days
prior to filing the application. In addition, the Notice of Filing must
contain the correct prevailing wage information, the correct job description
and must comply with all other Department of Labor regulatory requirements.
I have multiple positions available for the same occupation and job classifications
and at the same rate of pay. May I post a Notice of Filing for the same
occupation and job classifications with a single posting?
Yes, an employer can satisfy Notice of Filing requirements with respect
to several positions in each of these job classifications with a single
Notice of Filing posting, as long as the single posting complies with
the Department of Labor’s regulation for each application (e.g.
contains the appropriate prevailing wage information and the Notice of
Filing must be posted for 10 consecutive business days during the 30 to
180 day time window prior to filing the application). For instance, separate
notices would have to be posted for an attending nurse and a supervisory
nurse (e.g. nurses containing different job duties).
NOTE: At the time of filing the labor certification, the prevailing wage
information must not have changed, the job opportunity must remain the
same and all other Department of Labor regulatory requirements must be followed.
Where must I post a Notice of Filing for a permanent labor certification
for roving employees?
If the employer knows where the Schedule A employee will be placed, the
employer must post the notice at that work-site(s) where the employee
will perform the work and publish the notice internally using in-house
media--whether electronic or print--in accordance with the normal internal
procedures used by the employer to notify its employees of employment
opportunities in the occupation in question. The prevailing wage indicated
in the notice will be the wage applicable to the area of intended employment
where the worksite is located.
If the employer does not know where the Schedule A employee will be placed,
the employer must post the notice at that work-site(s) of all of its current
clients, and publish the notice of filing internally using electronic
and print media according to the normal internal procedures used by the
employer to notify its employees of employment opportunities in the occupation
in question. The prevailing wage will be derived from the area of the
staffing agencies’ headquarters.
If the work-site(s) is unknown and the staffing agency has no clients,
the application would be denied based on the fact that this circumstance
indicates no bona-fide job opportunity exists. The employer cannot establish.