PERM Audits

How to Respond to a PERM Audit

The Certifying Officer (CO) at the PERM Processing Center can request an audit of any permanent labor certification application, either based on flagged answers or a random selection.

The following common issues in flagged answer 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” for the same or related occupations (H12)
  • Alien gained his experience with the petitioning employer or received payment for education from the employer (J21 and J22)
  • There are strikes, lockouts and/or 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 is required to submit all requested documents to the CO by mail or commercial delivery service (FedEx (UPS) prior to the deadline.

If the employer does not respond to the audit request prior to the deadline, the petition will be denied.

As a consequence of not responding, 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 of 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 PERM petition will be certified (approved).

If the documentation is deemed deficient by the CO, the PERM petition will be denied.

The CO may also request additional documentation or order that the employer conduct supervised recruitment.

The DOL regulations state that an application cannot be withdrawn once it has been selected for audit.

A normal audit response will include:

  • The Audit request.
  • The signed and dated ETA 9089 (post filing version with the case # on the bottom).
  • The Prevailing Wage Determination.
  • The completed and signed Notice of Filing.
  • The completed and signed Recruitment Report.
  • Copies of all resumes from applicants referenced in the recruitment report.
  • Clear copies of each advertisement referenced in the ETA 9089.

We normally recommend that the employer use a commercial service such as FedEx or UPS so that you have proof of receipt by the DOL.

From PERM FAQ’s 10:

Can the employer submit alternative evidence in the absence of primary evidence in response to an audit request?

Under the procedures outlined in 20 CFR 656.20, in response to an audit, employers must present the required documentation.

The documentary evidence the regulations require the employer to maintain in its compliance file is what is sought in an audit request.

For example, the use of an employer’s web site is to be documented by dated copies of pages from that site advertising the occupation involved in the application.

However, if the employer does not have the primary evidence suggested by the regulation, it may attempt to satisfy the request through the use of alternative evidence not specifically listed in 656.17.

In the case of the employer’s web site, in the absence of a copy of the posting, the employer may provide an affidavit from the official within the employer’s organization responsible for the posting of such occupations on the web site attesting, under penalty of perjury, to the posting of the job.

Whether such evidence will be accepted depends upon the nature of the submission and the presence of other primary documentation.

The more primary evidence is not provided, the more likely the audit response will be found to be non-responsive.

Client Reviews

I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
19:18 23 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
I could not have asked for better service. I will definitely be coming back to get the green card process done. The fees are extremely reasonable and they stick with their clients the entire way. I had so many questions during this process, and each one of them were answered very quickly and with out most professionalism. This firm is a pleasure to work with and I highly recommend them to anyone.
bryan mowrey
bryan mowrey
06:41 25 Nov 16
Marc and John Dorer worked on our case to file for AOS after our L1A was approved.Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call.All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers.But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally.Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
At first I thought I could have very well gone through the green card application process on my own and saved all lawyer fees. Its funny how some lawyers can charge in excess of 2K for this. However at Taylor and Associates the price seemed more reasonable and felt it made sense to go with one at that price. There were some doubts that arose in our mind which they cleared in a timely manner and seemed very knowledgeable in this area. Its for moments like these when having a professional around helps. While we can get busy with our lives and with laws constantly changing, I would definitely recommend them - a small price to pay for peace of mind.
Callistus Pereira
Callistus Pereira
17:51 06 Jun 17
I am US citizen. We hired Marc's firm for my wife's Green Card process, We are extremely happy with their services.They are one of the best service providers in the country. Price is very affordable. John is awesome. He responded to our queries on time with very useful information. We highly recommend this firm to anybody looking for affordable and the best immigration services. it was an awesome experience working with this team.
Narsimha M
Narsimha M
13:57 04 Aug 17
Mark and team went above all my expectations of an 'online' service agency I went in with very low expectations to match the low cost of the service and was amazed that the experience was no different than going through an expensive attorney. They were very prompt on responses, very patient and also very knowledgeable on every facet of the application (including a follow up checklist). I would highly recommend them considering the low cost they charge and the high risk we take by doing this ourselves
First Dhalsite
First Dhalsite
22:27 01 Sep 17
USVISANOW streamlined the paperwork which saved us so much time. This also reduced the stress involved in filling out the paperwork. They also are very understanding and respond very quickly to questions and emails. Jackline is now a US citizen which took less than 5 months. Thank you Mr. Taylor and your team. From Brian and Jacky.
Jackline Osero
Jackline Osero
17:32 12 Sep 17
The best law agency I have ever worked with. Very responsive, experienced. I trusted my green process to them and it was done perfectly without and issues in minimum possible period. Thank You Very much Marc, John and others!!!
Hrach Gyulzadyan
Hrach Gyulzadyan
16:38 30 Sep 17
My husband and I worked with John Dorer from Marc Taylor's office, and his services exceeded our expectations. He was very knowledgeable, responsive, and our Green Card process and interview from start to finish went smoothly. Thank you so much, John, for your dedication to our case and all your help. I would highly recommend USAVISANOW to all!
Sophia Nguyen
Sophia Nguyen
17:26 09 Oct 17
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Amin Bagheri
Amin Bagheri
11:54 12 Oct 17
Used the services of this office for Green Card through AOS and was mainly in contact with John Dorer. I was unsure about their services at first, considering the unusually affordable cost but was pleasantly surprised by their prompt responses to all our questions and their timely preparing and handling of our documents! Will be using their services again when filing for removal of condition! Definitely recommended!
Lisa Lorentzon
Lisa Lorentzon
22:56 10 Dec 17
my wife and i worked with John Dorer from Marc Taylors Associates. He's services were awesome and amazing. i would recommend him to anybody applying for their permanent resident to work with them.
Seun Olanrewaju
Seun Olanrewaju
15:33 22 Dec 17
I was very pleased with their professional service from the beginning to the end for my citizenship application. I am a professional working in the higher education and somewhat familiar with the immigration process. For that reason, I was thinking of applying it by myself but I found Taylor and Associates whose service fee is very affordable and worth of my time. Indeed, they found some of minor mistakes in my application, which could have delayed much longer for my application process. Luckily, they caught and fixed them immediately. Their communication was excellent. In fact, everything was very smooth. Even after I had the approval notice, they followed up with valuable advices. I strongly recommend their service if you need immigration services. Thank you Marc and John for your excellent services.
Dominic Choo
Dominic Choo
17:12 23 Dec 17

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