Philadelphia Region DOL Warns against Forum Shopping
A quick review of the U.S. Department of Labor (DOL) Case-Processing Chart reflects that the time it takes to process a labor certification case, whether RIR or non-RIR, varies widely according to the location of filing. Although DOL processing is within the purview of federal law that should be uniform and consistent throughout the United States, the reality is different. The processing times for certain states is measured in years, while for other states it is measured in months. This disparity in processing times has provided an incentive to some companies to try establishing a proper basis for filing in the faster jurisdictions. The DOL has started to closely scrutinize these cases, at least in the Philadelphia and Boston Regions.
A quick review of the U.S. Department of Labor (DOL) Case-Processing Chart reflects that the time it takes to process a labor certification case, whether RIR or non-RIR, varies widely according to the location of filing. Although DOL processing is within the purview of federal law that should be uniform and consistent throughout the United States, the reality is different. The processing times for certain states is measured in years, while for other states it is measured in months. This disparity in processing times has provided an incentive to some companies to try establishing a proper basis for filing in the faster jurisdictions. The DOL has started to closely scrutinize these cases, at least in the Philadelphia and Boston Regions.