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Question:

We would like to clarify one scenario:

Employer did last recruitment step (ad) and we calendared 30 days so that we could file a PERM LC online. On 39th day we got an applicant responding to the ad right about when we prepared the "audit" file and were ready to file. Is employer supposed to interview the applicant even though it is technically outside the 30 days window? Or we can disregard the applicant as applying outside the 30 day period?

Answer by Edward Litwin:

Under the old regs the job offer was theoretically open to u.s. applicants up until the day the certification was approved. i have not read the perm regs with this question in mind, but i assume that the dol policy would still be the same. unless anyone thinks differently.

Answer by Joel Stewart:

I agree with Ed Litwin that you should consider the job open until a final decision is reached from DOL (approval or denial of LC). However, if an application pending at the DOL is approved before a final decision is made about the US worker, then the certification would be valid.

Remember, that the employer is looking for a US worker, not just a certification for an alien worker. The certification process does not end until a certification is issued. Hence until that point the application is still pending.