Ever feel like the labor certification process is an impossible maze? You’re not alone. Thousands of employers and foreign workers pin their hopes on a successful application every year—only to face rejection. The failure rate is staggering, with nearly 90% of labor certification applications hitting roadblocks.
But here’s the good news: most of these failures are preventable. Whether you’re an employer trying to fill a crucial role or a foreign worker looking to secure your future, understanding why applications fail is the first step to success. Let’s dive in.
The Basics: What Is Labor Certification?
Before we dissect the common mistakes, let’s clarify what labor certification is.
The PERM Labor Certification is a process that allows U.S. employers to sponsor foreign workers for permanent residency (a green card). But there’s a catch: employers must prove to the Department of Labor (DOL) that no qualified U.S. workers are available.
Sounds simple? It’s not. The process is rigid, detailed, and filled with pitfalls. And that’s exactly why most applications fail.
Top Reasons Why 90% of Applications Fail
Applying for labor certification under the PERM process is no easy feat. With strict Department of Labor (DOL) regulations and meticulous paperwork requirements, a single mistake can derail an entire application. Here are the most common reasons applications fail—and how to avoid them.
1. The Paperwork Nightmare
One tiny mistake on a form can get your application rejected. Incomplete information, missing signatures, or incorrect job descriptions? Automatic denial. The DOL doesn’t play around when it comes to details. Even minor typos or discrepancies between different documents can lead to rejection. Double-checking every detail and ensuring consistency across all forms is crucial.
2. Job Advertisement Blunders
Employers are required to advertise the job properly before applying for labor certification. This means posting in specific places for a set duration, with exact wording. You missed one step, and your application is toast. Common mistakes include failing to post on the correct job boards, using non-compliant language, or not running the advertisement for the required time. Even small deviations from DOL guidelines can cause problems.
3. The “No U.S. Worker Available” Requirement
This is where many applications crash. If a single qualified U.S. worker applies and meets the criteria, the labor certification will not be approved—even if that worker ultimately declines the job. The recruitment process must be handled meticulously, with clear documentation showing that no qualified, willing, and available U.S. worker could fill the role.
4. Prevailing Wage Issues
The employer must pay the prevailing wage, as determined by the DOL. Offering anything less? Application denied. Many applications fail because the employer either miscalculates the prevailing wage, challenges the determination without success, or attempts to negotiate a lower salary. Compliance with wage requirements is non-negotiable.
5. Timing Problems
Deadlines in the PERM process are strict. Miss a step by even a day, and your entire application can get reset—or worse, rejected. The recruitment timeline, prevailing wage determination period, and PERM filing deadlines must all be meticulously tracked to prevent costly delays.
How to Avoid These Pitfalls & Succeed?
Now that we know why applications fail, let’s talk about solutions.
1. Work with a Labor Certification Attorney
Navigating the PERM process alone is like flying blind. An experienced labor certification attorney ensures your paperwork is flawless, your ads meet legal standards, and your timing is perfect. This alone can be the difference between success and failure.
2. Double-Check Everything (Then Check Again)
A typo or missing document can send your application back to square one. Triple-check your paperwork before submitting it. If in doubt, consult a professional.
3. Be Strategic with Job Advertisements
Follow every DOL guideline to the letter. Make sure postings go in the right places, for the right duration, with the exact wording required.
4. Understand the Prevailing Wage Process
Request a Prevailing Wage Determination (PWD) early and be ready to pay what’s required. Cutting corners here will cost you dearly.
5. Get Your Timeline Right
The labor certification process has strict deadlines. Missing one can set you back months. Create a detailed timeline—and stick to it.
Final Thoughts
The 90% failure rate might sound discouraging, but here’s the truth: most failures happen because of avoidable mistakes. The PERM process is complex but not impossible. With careful planning, expert guidance, and attention to detail, you can secure labor certification—and, ultimately, a green card.
So, whether you’re an employer looking to bring in top talent or a worker hoping to build a future in the U.S., don’t go in blind. Get the right help, follow the rules, and take every step seriously.
Need expert guidance? A skilled labor certification attorney can save you time, stress, and costly mistakes. Reach out today and turn your application into a success story.
