|What Do I Expect for the PERM Labor Certification Application Audit?|
My employer applied the PERM Labor Certification Application for me recently. But last week, the company's lawyer told me that there will be a audit from DOL for the Labor Certification application. What is this audit? and what do I expect?
If your employer undergo a labor certification audit, whether random or targeted, your employer can expect to be asked to produce certain core documents. DOL will want to see a hard copy of the electronically filed labor certification application (ETA-9089) signed by the employer, the attorney representing the employer, and the prospective employee.
In addition, your employer will be called on to document the posting of the required worksite notice, as well as all the recruitment you conducted, including the two Sunday ads, the state workforce agency job posting, and, for professional positions, the three additional “optional” methods. There are two types of audits that can occur during processing:
1) Random audit – this is to add an element of uncertainty during the process and to ensure that the electronic PERM system is not being abused by employers.
2) Targeted audit – this occurs when your petition does not provide the supporting evidence that you thoroughly sought an eligible U.S. employee before employing foreign workers.
During a PERM audit, an employer will be asked for certain documents including: applicant’s resumes signed declarations; proof of job advertisements.
Each PERM audit applicant will receive a DOL Certifying Officer (CO). The DOL Certifying Officer responds to application requests associated with supplementary recruitment documentation.
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