Audit related Issues and Procedures

The Certifying Officer (CO) at the PERM Processing Center can request an audit of any permanent labor certification application, if he or she finds the application suspicious either in its content, recruitment activities, or the authenticity of the job opportunity. The CO can also randomly select PERM applications for auditing to check the integrity of the Employer's PERM file. The following are the most commonly observed issues in audits:

  • Alien has an ownership interest in the employer or a family relationship with the employer (C9)
  • Employer has less than 10 employees (C5)
  • The job requirements have a foreign language requirement (H13)
  • Job requirements for the occupation are beyond what is considered “normal” requirements in a same or related occupations (H12)
  • Alien gained his experience with same employer or received payment for education from the employer (J21 and J22)
  • There are strikes, lockouts and layoffs in the same or related occupation (I-24 through I-26)
  • The alien has experience in an alternate occupation (H10)
  • The job opportunity includes a combination of occupations (H15)
  • Employer received payment of any kind for the PERM application from alien (I-23)

If a PERM application is selected for audit, the employer will receive an audit letter that specifically states the additional documentation to be submitted, and establishes a date (30 days from the date of the audit letter) for submission of the required documentation, and advises that the application will be denied if the required information is not received by the deadline. The employer will have to timely submit all requested documents to the CO. If the employer does not respond to the audit request within the required time, this will be considered a refusal to comply with administrative remedies, the case will be deemed abandoned and denied, and no review is available, either administratively or judicially. At the discretion of the CO, the employer may be required to conduct “supervised recruitment” for any future labor certification filings for up to two years.

The CO may grant the employer one extension up to 30 days after the initial 30 day period in which to respond to the audit letter. After receipt of the response from the employer, if the CO determines that the documentation is complete and consistent with responses on the ETA 9089, then the application will be approved. If the documentation is deemed deficient by the CO, the application may be denied. Alternatively, the CO may request additional documentation or order that the employer conduct supervised recruitment.

The DOL has indicated that an application cannot be withdrawn once it has been selected for audit. If an application is selected for audit, the employer cannot forego the audit by claiming the application is no longer valid or applicable.

PERM labor certification is an extremely complicated procedure and time-sensitive. We recommend that you consult with an experienced and responsible immigration attorney. We have successfully represented many PERM cases. If you would like to contact us, please telephone us at (713) 771-8433 or visit us at one of our six locations. You can also contact us conveniently online by emailing us at info@hooyou.com. Our attorneys will use their experience, expertise, and teamwork to ensure the highest quality of service.

For more information on PERM labor certification, please refer to the following links: