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When is a labor certification application eligible for "limited review"? 

 

Labor certification cases which do not qualify for reduction in recruitment may still be able to take advantage of “limited review” of the case. Limited review cases received expedited treatment at the regional office level and can save processing time compared to regular labor certification cases.

According to guidelines set by GAL-97, labor certification applications seeking limited review must meet certain requirements:  

  • The application cannot list special duties or special requirements for the position. 

  • The salary to be paid to the employee filling the position cannot be below the prevailing wage for the position.

  • The job cannot list foreign language requirements, live-in requirements, or combination of duties. 

  • Requirements that the foreign national or other employees did not meet at the time of hire cannot be listed. 

  • Limited review will not be granted if qualified U.S. workers responded to ads posted by the employer. 

  • Education or experience levels not normally required for the position cannot be listed. 

At the regional level, the certifying officer will examine the labor certification to see if it meets these requirements. If it does and the state employment security agency recommends that the case be approved, the application will receive approval within a few months. Given that normal labor certifications can take over one year, this can be a significant time-savings.


 

   
   

 

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