Labor Certification Notice Posting for 10 Consecutive Business Days
My employer will soon post notice of a PERM labor certification for me, which requires a posting of ten consecutive business days. The coming Columbus Day is a business day for us, but not for Department Of Labor. What we should do? Thank you very much.
As part of the PERM labor certification process, the Department Of Labor (DOL) requires a sponsoring U.S. employer to post notification regarding the filing of a labor certification for ten (10) consecutive business days. The purpose is to notify employees of their employer's intention to file the labor certification application case.
The posting notice should containe all the language and information required by DOL regulations. The manner in which the notice is posted should also be correct. The posting is intended to provide a meaningful opportunity for U.S. workers to compete for the position and to assure that the wages and working conditions of similarly employed U.S. workers will not be adversely affected by the employment of foreign nationals.
Sometimes, a question may be raised with regard to whether the requirement to post a notice for ten consecutive business days was met in a PERM labor certification case, such as whether Martin Luther King Day or Columbus Day should be counted as a business day. For the U.S. Department of Labor and the rest of the Federal Government, thay are holidays. But for many U.S. employers, thay are ordinary working days.
As a precaution, it is better for U.S. employer to post notices for an extra day, and not count federal holidays within the ten-day requirement. If the federal holiday was overlooked by U.S. employer when posting the PERM labor certification notice, then petitioner needs to make the arguments and give explainations pointing out relevant factual issues.
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