PERM Labor Certification Must Be Carefully Drafted To Avoid Increased Audit Risk

1057625_diagram.jpgThe US Department of Labor (DOL) now audits almost half of the PERM labor certification applications that it receives. PERM audits have increased since the DOL announced that it has moved its attention away from trying to reduce its backlog and has put more attention toward checking and verifying the integrity of PERM applications.

A PERM application can frequently trigger an audit even when the application does not contain any errors or omissions. This is because the DOL has the discretion to select any PERM case for audit merely on the basis that it wants to conduct a closer review of the application and verify its accuracy.

According to the Office of Foreign Labor Certification, in fiscal year 2012, 45% of all active PERM applications received a DOL audit review. This means that for any given PERM application there is almost a 50-50 chance it will receive a DOL audit. See more statistics from the office of foreign labor certification here

In order to avoid an audit, it is important that the application be carefully drafted in such a way as to minimize the number of questions that could arise about your case to a DOL examiner. Although many cases that receive a DOL audit do ultimately get certified, audits cause delays and additional work that could push back the adjudication of your case for up to one year.

In addition to careful drafting, it is also imperative to have all the of the necessary documentation on file in support of your application so that in the event you are case does receive an audit, any delays can be minimized as much as possible.

If you have questions about PERM labor certification or PERM audits, it is essential to contact a competent and professional attorney experienced in PERM cases who can carefully draft your application and represent your case to the Department of Labor.

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