The PERM (Program Electronic Review Management) process plays a vital role in sponsoring foreign workers for permanent resident status in the U.S. Employers try to make the application process as smooth as possible, but in certain cases, PERM audits can arise. These audits can cause delays and potential complications. In this blog, we have listed some common reasons why PERM applications get audited and some strategies to minimize your risk.
Understanding PERM Audits
A PERM audit is more like an in-depth examination of your application by the Department of Labor (DOL). While some audits are random, many audits occur when red flags are identified in the initial application.
Common Reasons for PERM Audits
Here are some common reasons why PERM audits happen:
- Wage Discrepancies: Sometimes, audits occur if there are differences in the wages stated in the application and what’s determined as the prevailing wage.
- Recruitment Process: If there are doubts about the recruitment process, like not having enough proof or not following recruitment rules properly, audits may happen.
- Job Requirements: Audits might occur if there are differences between the job requirements listed in the application and what was advertised during recruitment.
- Errors in Documentation: If there are mistakes or missing documents in the application, audits could be triggered.
- Random Checks: Sometimes, audits are just random checks done by the Department of Labor to make sure everything’s in order.
- Employer’s History: Employers with a past of not following rules might be audited more often.
- Suspected Fraud: If there’s suspicion of fraud, like lying or trying to cheat the system, audits may be initiated.
- High-Risk Industries: Certain industries where there’s a higher chance of immigration fraud might face more audits.
Strategies to Minimize PERM Audit Risks
- Carefully review your application to ensure all information is accurate and complete.
- Make sure the wage you offer aligns with the prevailing wage determination for the position and location.
- Maintain comprehensive records of your recruitment efforts, including advertising channels, interview dates, and candidate qualifications.
- An immigration expert can guide you through the PERM process and help avoid potential red flags.
The Final Word
While audits can possibly delay your application. But, a well-prepared application with documented good faith recruitment efforts significantly reduces your risk. By understanding common audit triggers and following the strategies listed above, you can increase your chances of a smooth PERM process. By understanding why audits occur and by implementing the right strategies, employers can navigate the PERM process with greater confidence and minimize the chances of encountering an audit.
Related Resources
DOL PERM Processing Time: Understanding Current Timelines
Everything You Need To Know About DOL Prevailing Wage Processing Times
PERM Labor Certification: Everything You Need to Know
