DOL Increases Audits of PERM Cases

DOL Increases Audits of PERM Cases
February 25, 2015

The U.S. Department of Labor (DOL) has been auditing PERM cases at a much higher rate.  DOL has shifted its focus to “integrity checks” and reported a goal of conducting integrity checks on 30% of PERM cases by audited more cases.  Given the increasing rate of audits, employers and employees need not be alarmed if its case(s) are selected for audit.  

Random Audits

 

An audit does not mean a mistake was made.  Because PERMs are filed electronically without evidence recruitment and applicant assessment were conducted properly, or conducted at all, audits are an essential tool to detect and prevent fraud.  Therefore, DOL randomly audits PERM cases to verify the accuracy of the statements in the PERM application.


Non-Random Audits

DOL may also have specific reasons for auditing a case.  For example, DOL may want the employer to justify its minimum requirements for the position, explain how it disqualified applicants who responded to the PERM ads, clarify where the work is performed, or verify the employee has not paid the employer either to file the application nor for the costs associated with the application.

 

Processing Time for Audited Cases

 

While a PERM that goes through without an audit is currently approved in approximately 6 months, an audited case will take approximately 14 months longer.  Processing times fluctuate and are updated at: http://icert.doleta.gov/ (click on the “PERM Processing Times” tab).