When the application is submitted, it is reviewed by DOL to determine whether it should be approved, audited or denied. Applications may be selected for audit randomly or based on specific factors.
What happens if there is an audit?
If an application is selected for audit, the employer will be notified and required to submit documentation to verify the information stated in or attested to on the application. The response must be sent (i.e., postmarked) within 30 days of the date of the audit notification, though DOL Certifying Officer has the discretion to grant an extension of an additional 30 days, upon the employer’s request.
If DOL determines that the documentation is complete and consistent with responses on the ETA 9089, it will certify the application. If the documentation is deemed deficient by the DOL, the certification may be denied. Alternatively, the Certifying Officer may request additional documentation or order supervised recruitment.
How does supervised recruitment work?
Supervised recruitment under PERM requires that the employer place advertisements in conjunction with a 30-day job order. At the completion of supervised recruitment, the employer has 30 days to document in a recruitment report the outcome of the effort, and the lawful job-related reasons for not hiring any U.S. worker applicants. Upon receipt of the employer’s recruitment report, the Certifying Officer will either certify or deny the application.
Can an application be withdrawn in the event of an audit?
If an application is selected for audit, it may be withdrawn but the employer must still respond to the audit request.
RelatedThe Recruitment Report (For PERM Application)
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