Immigration Attorney
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Increase in PERM Audits

11/25/07

Over the last few months, attorneys and companies, have noticed a substantial increase in audits of PERM labor certification applications.

There appear to be two types of audits. The first type of audit appears to be a randomly generated audit and follows the same format each time it is issued. Employers are requested to respond to the audit by providing copies of the recruitment undertaken, the notice of filing, the prevailing wage determination, and other documentation in support of the PERM application.

The second type of audit appears to be targeted more to those applications that "trigger" an audit. Audit triggers typically include 1) jobs that require a foreign language or 2) jobs with requirements that exceed the normal minimum requirements set forth by DOL and 3) applicants who have gained required experience with their employer in a similar job. For those targeted audits, in addition to requesting a copy of the recruitment and supporting documents, DOL is also requesting a business necessity letter (BNL) to support the need for the requirement that triggered the audit.

Until now, DOL usually accepted an employer's job requirements, whether they exceeded the normal minimum requirements set forth by DOL or not. However, in the last month, that appears to be changing. Since DOL has more resources, with the close of the BECs, they appear to have devoted those resources to audits. Employers are reminded that if a PERM application is being filed that may necessitate a BNL, it is important to prepare that document in advance and before filing the PERM.