What does it mean if my application gets audited?

The PERM application is an attestation-based electronic filing in which the employer claims (1) it has tested the labor market and determined there are no able, willing, available, and qualified U.S. workers; (2) the foreign national worker meets the requirements; and (3) the employer will pay the foreign national the higher of the actual or prevailing wage when the foreign national is a Permanent Resident. The Department of Labor does not require the employer to provide documentation supporting this attestation when it files the application. However, the DOL Certifying Officer may audit any filed PERM application from the date it is filed up to five years from the date filed. In most cases, the Certifying Officer randomly selects applications for audit. Employers must maintain a Recruitment Report and all supporting documents in case of an audit and all supporting documents must have existed before filing the PERM application. If audited, we receive an audit notification from the DOL and the employer has less than thirty days to respond. Serious consequences can result if an audit response is not timely filed.

Return to prior page.