Recall that to file a PERM application, also known as a labor certification, with the Department of Labor, a US employer must test the US labor market through various recruitment methods. The DOL has established requirements and guidelines that must be followed to show good faith recruitment has been undertaken by the sponsoring employer.
One of the most critical aspects of the PERM process is understanding the importance of dates and timing. The regulations set forth a very specific timeline that must be followed. Any deviation or miscalculation of dates and/or time periods can cause a PERM application to be denied.
There are two types of time calculations seen when dealing with PERM recruitment efforts: timeline calculations and time period calculations.
Timeline calculations are done when verifying the number of days prior to or after an event. For example, you must verify that the advertisements placed did not run less than 30 days but no more than 180 days from the date of filing. It is important to note, when calculating timelines, the day the event occurred is not counted. The next day is counted as day one, and you include the last day of the event in the count.
When determining the required 30 day timeline prior to filing the application with a newspaper ad placed on Sunday, May 1, 2022, Sunday would not be counted as it is the day of the event. Day 1 would be Monday, May 2. Day 2 would be Tuesday, May 3, and so forth. Day 30 would be Tuesday, May 31, and is included in the count. PERM applications can be filed on the 30th day after the event, but not before.
Time period calculations are done when verifying the number of days an activity took place. For example, you must verify that a job order ran for at least 30 days with the state workforce agency. Remember, when calculating time periods, the day the event occurred is counted as day one and the last day of the event is also included in the count.
If the job order was first posted on Sunday, May 1, 2022, this day is considered Day 1. Monday, May 2 is Day 2, Tuesday, May 3 is Day 3, and so forth. Therefore, Day 30 would be Monday, May 30. The job order would be considered to have been posted for the required 30 days if it runs from May 1 to May 30.
There are instances where the timeline and time period must be calculated. For example, both types of calculations would be utilized when determining the first date the PERM application can be filed after posting the job order with the state workforce agency. In order to
ensure the timely filing of the application and that the recruitment efforts all meet the mandatory time periods, it is best to seek the advice of a knowledgeable attorney.
By: Jessica Palarca
Jessica Palarca is an attorney in Reddy & Neumann’s PERM Labor Certification Department where she assists clients in the beginning stages of the green card process.
Jessica earned her J.D. from the University of Houston Law Center in 2009 and was admitted into the Texas bar the same year. As the child of two immigrant parents, Jessica found her passion for immigration law early in her career. With over a decade of experience in both the private and non-profit sectors, she brings a different perspective to each case she handles. Through the years, Jessica has learned that to achieve the best possible results for each individual served, one must keep things simple and provide personalized attention and care to each case.