PERM Audit Triggers and How Park Can Help

By: Amy Frederickson

The Department of Labor randomly selects approximately 30 percent of PERM filings to be audited each fiscal year. In addition to these randomized audits, the department issues targeted audits to more closely evaluate PERM applications that set off alarm bells.

Increasing rates of PERM application denials over the past few years underscore that the Department of Labor is not only more frequently rejecting applications outright but also increasing their issuance of audits and intensifying their scrutiny of responses. While several arguments surface as to why PERM denials and audits are increasing, there is a general consensus that this enhanced scrutiny stems from mounting concerns that foreign workers are being unfairly selected for employment over U.S. citizens: a worry that continues to gain traction in the current political climate.

While random audits are simply a part of the PERM application process, increased scrutiny of PERM filings means employers must be careful to avoid red flags that trigger a targeted audit. The most common audit triggers include the following:

• Overly complex job details, including requirements that surpass what is deemed “normal” for a position;
• Job requirements that either require no Bachelor’s degree or require a degree but no previous experience;
• Job requirements that include a foreign language mandate;
• Positions that combine multiple occupations;
• A familial or otherwise personal connection between a company and a foreign worker;
• A trade-related occupation; and
• A seemingly sudden layoff of U.S. workers by the employer in question.

Once an audit is triggered by one or more of these or other factors, the processing time for a PERM application increases considerably, putting pressure on both employers and foreign workers.

While not all audits can be avoided, employers that take the necessary steps to eliminate red flags from their PERM filings are at a significant advantage, particularly in this political climate.

Park’s team of PERM experts are well versed in the regulations, guidelines, and documentation required to maintain the integrity of the PERM filing process, helping clients to avoid audits by providing support every step of the way and preventing common errors. If a filing is audited, Park can also help employers to respond effectively, including by providing a Business Necessity Letter from a professional evaluator.