What are the Key Elements of the Employer’s Audit File in a PERM filing?
Once an employer is selected to be audited for any reason, he/she must provide substantial documentation to prove he/she followed the PERM requirements in filing and recruiting employees. The following are the key elements of the employer’s audit file:
Copy of the certified application (original submitted to USCIS along with I-140);
Evidence of permanent, full-time employment (for example, position descriptions and payroll records if the position currently exists, or documentation that a change in the employer’s business caused the job to be created if a new position is involved);
Notice to the bargaining representative (a copy of the letter and a copy of the application form that was sent to the bargaining representative);
Documentation of the notice of filing (a copy of the posted notice and statement regarding where it was posted and copies of all notices posted through in-house media);
Evidence of placement of the job order (copy of the job order from the SWA’s online job listing site or a copy of the job order provided by the SWA);
Documentation regarding job opportunity, if applicable (including business-related documents, a list of corporate officers, the financial history including the total investment of each individual, the name of the individual responsible for interviewing and hiring job applicants, and documentation of any family relationships between the employees and the non-resident);
Current salary determination from NPWHC;
Documentation of print ads (for example, tear sheets or proof of publication furnished by the newspaper);
Documentation of additional recruitment for professional positions (job fair ads that list the employer, copies of ads on employer’s website or job search websites, copies of job notices issued or posted by the college placement office, copies of ads in trade newsletters or journals, copies of contracts between the employer and the private employment firm and copies of advertisements placed by the firm, copies of employer notices or memoranda advertising employee referral program and notice to employees regarding job opening, copy of the employer’s notice provided to campus placement office, copy of ads in local and ethnic newspapers, copy of radio or TV ads and confirmation from station indicating when ad was aired);
Recruitment report (describing the recruitment steps undertaken and the results achieved, the number of hires, and if applicable, the number of U.S. workers rejected, categorized by the lawful job-related reasons for such rejections;
Resumes for job applicants, job applications, and applicant record;
When special skills were listed on application and applicant was rejected for lack of these skills, information concerning the length of the training that would be required to acquire such skills and the economic burden of such training;
Notice and consideration of recently laid-off workers (letters sent to the workers);
Evidence that the non-resident qualified for position at the time of hire (resumes, letters from prior employers, school transcripts) or qualifying experience gained with employer in a position not “substantially comparable“ to offered position (position descriptions, the percentage of time spent on various duties, organizational charts, and payroll records);
Business necessity documentation justifying excessive education and experience requirements;
Business necessity documentation justifying foreign language requirement, combination of occupations, or live-in requirement.
