Approximately 30% of PERM Labor Certification applications are randomly selected for audit by the U.S. Department of Labor (DOL). These audits are conducted to verify that employers and applicants are following federal recruitment and hiring regulations honestly and transparently. In this guide, immigration attorneys at Green Card Link explain the most common PERM audit reasons, how to avoid them, and what steps to take if your case is selected for review.
What Is a PERM Audit?
A PERM audit occurs when the DOL requests additional documentation to verify that an employer followed all required recruitment steps before hiring a foreign worker. Essentially, it is a compliance check to ensure that U.S. workers were given a fair opportunity to apply for the position.
If your PERM application is selected for an audit, the DOL will issue an audit letter listing the documents and evidence required. Employers typically have 30 days to respond with complete and accurate documentation. Missing this deadline can result in an automatic denial, though in some cases, an extension may be requested.
Why Does the DOL Conduct PERM Audits?
In accordance with the Freedom of Information Act (FOIA), the DOL periodically publishes details on common PERM audit triggers. These audits ensure program integrity and prevent misuse of the labor certification system.
Receiving an audit can cause significant delays in the employment-based green card process, which makes it essential to understand the reasons behind it and take steps to avoid common pitfalls.
Remember that the PERM Labor Certification is a critical step toward obtaining an employment-based green card—except for categories such as EB-1 or EB-2 National Interest Waiver (NIW) petitions, which do not require a labor certification. The sponsoring employer is fully responsible for completing every stage of the PERM process, including recruitment and filing.
Why Was My PERM Application Audited?
If your PERM case is selected for audit, it means that the DOL requires further evidence supporting your employer’s claims on Form ETA-9089 (Application for Permanent Employment Certification).
While some audits are completely random, others are triggered by specific red flags. Below are the most frequent reasons for PERM audits.
Common PERM Audit Triggers
- Recent layoffs or employee protests by the sponsoring employer
- Job positions requiring less than a bachelor’s degree or degrees with no experience requirement
- Trade-related occupations or positions involving manual skills
- Re-submitted applications after a denial within the same year
- Applications from public schools, which face additional scrutiny
- Familial relationships between employer and employee
- Unusual job qualifications that deviate from industry norms
- Foreign language requirements not clearly justified for the role
- Training or education received by the foreign worker from the sponsoring employer
- Employer compensation from the foreign worker for the PERM filing
How to Reduce the Risk of a PERM Audit
Here are several steps employers and foreign workers can take to minimize the chance of a PERM audit:
- Follow all advertising and recruitment requirements strictly.
- Work with experienced immigration attorneys at Green Card Link to ensure every form and step is correctly completed.
- Maintain detailed records of recruitment efforts, including resumes and applications from all candidates.
- Keep digital and printed copies of job advertisements, including screenshots or receipts for online postings.
- Ensure job descriptions and minimum requirements are consistent with industry standards.
Understanding PERM Audit Denials
On average, about 40% of PERM applications are denied, while 30% are audited. If your application is denied following an audit, your employer has 30 days to either:
- Request reconsideration by the DOL officer, or
- File an appeal with the Board of Alien Labor Certification Appeals (BALCA).
For more information, see our dedicated article: [PERM Denial After Audit – What to Do Next] (link placeholder).
Types of PERM Audits: Random vs. Targeted
The DOL issues two types of audits:
- Random Audits: These are purely random and cannot be avoided. They are used to maintain fairness and ensure compliance across all industries.
- Targeted Audits: These are triggered by specific inconsistencies or risk factors in an application. Understanding the triggers listed above can help you avoid targeted audits.
What to Expect After Receiving a PERM Audit Notice
If your case is selected for audit, you will receive an audit notice from the DOL specifying the required documents. You must respond within 30 days and include all requested evidence gathered during the recruitment process.
Required PERM Audit Supporting Documents
When responding to a PERM audit, employers must typically submit:
- The audit request letter
- A dated and signed ETA Form 9089
- The Notice of Filing
- The Prevailing Wage Determination
- Copies of all recruitment advertisements
- Receipts or proof of payment for advertisements (print, radio, or TV)
- All resumes received during recruitment
- Signed declarations or statements from hiring personnel
All documentation must be submitted to the Certifying Officer (CO) assigned to your case. Once an audit is initiated, it cannot be withdrawn—canceling the PERM application will not prevent the DOL from completing its review.
Understanding PERM Audits and How to Respond Effectively
Review by the Certifying Officer (CO)
Once a PERM audit notice is issued, the Certifying Officer (CO) will specify the exact deadline for submitting the requested documentation—typically within 30 days of the audit letter’s issue date. Failure to meet this deadline can result in automatic denial of the application.
After you submit the documentation, the CO will carefully review your materials to determine whether they are complete, accurate, and consistent with the information provided on the original ETA Form 9089.
- If the CO finds everything satisfactory, the PERM application will be approved.
- However, if the documentation is incomplete or inconsistent, the CO may deny the application, request additional information, or place the employer under supervised recruitment for future filings.
Can the PERM Audit Deadline Be Extended?
Although the standard audit response time is 30 days, the CO has the discretion to grant an extension in special circumstances. If an employer fails to respond within the allotted timeframe, the Department of Labor (DOL) will consider the application abandoned and issue a denial. In addition, the CO may require the employer to undergo supervised recruitment for up to two years in subsequent filings.
Pro Tip from the immigration attorneys at Green Card Link:
Always maintain all supporting documentation—such as resumes, job advertisements, and prevailing wage determinations—for at least five years after filing, in case an audit is issued later.
How to Prevent a PERM Audit
Receiving a PERM audit can delay your case by several months and, in some cases, result in denial or mandatory supervised recruitment. Employers can take the following steps to minimize audit risks:
- Avoid tailoring job requirements specifically to the foreign employee.
- Follow DOL recruitment guidelines for all advertising procedures.
- Conduct fair and consistent applicant screening and interviews.
- Retain all documentation for a minimum of five years, including prevailing wage determinations, advertisements, and business necessity evidence.
Common Supervised Recruitment Triggers
Certain actions increase the likelihood of supervised recruitment, such as:
- Submitting a new application within the same year after a previous denial for the same employer and employee.
- Withdrawing an audited case and refiling during the same calendar year.
- Filing on paper instead of electronically, which can raise red flags.
In some situations, supervised recruitment may be ordered before or after the recruitment period, requiring the employer to re-do the entire process under DOL oversight. During this time, all documentation must be submitted directly to the CO.
The DOL has noted that the highest number of PERM filings typically come from California, Texas, New York, New Jersey, and Washington.
While these triggers are not automatic denials, being proactive and consulting experienced immigration attorneys at Green Card Link can help you avoid these complications.
What Happens After a PERM Audit Denial?
If your PERM application is audited and subsequently denied, there is still a path forward. You may file a Request for Reconsideration with the DOL, essentially appealing the decision for a re-evaluation due to possible procedural or factual errors.
If the DOL declines to reconsider, your case may advance to the Board of Alien Labor Certification Appeals (BALCA). However, this stage can take over a year for resolution.
Because these appeal processes can significantly extend overall PERM processing times, it’s crucial to seek help from the immigration attorneys at Green Card Link to determine the best course of action.
PERM Request for Evidence (RFE)
In some instances, the DOL neither denies nor approves the application but issues a Request for Evidence (RFE) to obtain missing documentation. This gives the employer an opportunity to correct or complete the record rather than restarting the process.
If you receive a PERM RFE, contact your immigration attorney at Green Card Link immediately—as the response window is short. A timely and thorough response, supported by complete evidence and clear explanation, can make the difference between approval and denial.
PERM Audit FAQs
Can I submit alternative evidence if I can’t provide the requested document?
Whenever possible, respond with the exact documentation requested. If that’s unavailable, you may submit alternative evidence—but its acceptance will depend on its relevance, completeness, and the manner of presentation. Consulting immigration attorneys at Green Card Link ensures your submission meets DOL expectations.
How long does the PERM audit process take?
Employers usually have 30 days to respond. Afterward, the DOL may take up to four months to decide—sometimes longer. While a typical PERM process averages six months, an audit can extend this timeline to ten months or more.
Does filing a PERM cost anything?
There is no filing fee for ETA Form 9089. However, employers must cover costs associated with mandatory job advertisements during the recruitment phase.
Can I avoid the PERM process entirely?
Yes, certain employment-based green card categories—such as EB-1 or EB-2 with a National Interest Waiver (NIW)—do not require PERM labor certification.
In NIW cases, the applicant must show that waiving the labor certification would serve the U.S. national interest by significantly benefiting the economy, innovation, or other critical sectors.
How Green Card Link Can Help
Navigating a PERM audit or supervised recruitment can be complex and time-consuming. Even small mistakes may result in costly delays or denials. That’s why it’s essential to work with experienced immigration attorneys at Green Card Link, who have an excellent track record in PERM processing and audit responses.
At Green Card Link, its immigration attorneys provide personalized legal guidance, help you prepare compliant documentation, and develop effective strategies to ensure the highest likelihood of approval. They also offer flat-fee PERM services and ongoing case support from start to finish.
Ready to get started?
Contact the immigration attorneys at Green Card Link today to schedule your consultation and receive expert assistance throughout your PERM application process.