After an employer submits their PERM application, the DOL may select to audit the application. This audit involves a review of the documentation and records provided by the employer to ensure that they have conformed with all the regulatory requirements in the recruitment and application process.
If selected for an audit, the DOL will issue an audit notice to the employer. The notice will specify the documents and information that the employer must provide in response to the audit.
The employer must respond to the audit notice within a specified timeframe (30 days) and provide the requested documentation and information to the DOL. This typically includes recruitment records, job posting details, resumes of U.S. applicants, and other relevant material.
Once the DOL receives the response to the audit, it will review the documentation to determine whether the employer has met all the necessary requirements for the labor certification.
After evaluating the audit response, the DOL may either approve the labor certification application or issue a denial. If approved, the employer can then continue with the next steps of the permanent residency (GC) application process, which typically involve filing an Immigrant Visa petition (Form I-140) with U.S. Citizenship and Immigration Services (USCIS).
The main purpose of the audit is to make sure that the labor certification process is working correctly and ensuring U.S. workers’ interests stay protected.