Post PERM Steps

Once a petition is filed, the form must be printed out and signed by an employer immediately. A copy of the signed form must be maintained in the employer's files, and the original signed application must be submitted to support the I-140 immigrant petition that is submitted to the USCIS.

Following submission of the PERM labor certification application, the DOL may perform an audit of the employer. Audits will either be based on various selected criteria or conducted randomly.

If DOL audits a case, then it will send an audit letter requesting additional documentation to be submitted within 30 days of the audit letter, although the (Certifying Officer) CO has the discretion to grant an extension by up to 30 days.

The documentation will be reviewed by an Employment and Training Administration (ETA) official and either certified or denied. The CO also has the authority to request additional information before making a final determination. In addition, the CO has broad discretion in audited cases of ordering the employer to conduct supervised recruiting.

If the CO decides that the labor certification should be granted, the officer will send the certified application and complete Final Determination to the employer or the employer's attorney or agent indicating that the next step is to file the form along with an immigrant petition to the U.S. Citizenship and Immigration Services.

If the CO decides the case is to be denied, a Final Determination shall issue. The employer will have 30 days to appeal the determination. A new application may be filed at any time, although a new application in the same occupation for the same worker cannot be filed while a request for review is pending with the Board of Alien Labor Certification Appeals.

If the CO finds that the employer failed to produce required documentation, the documentation was inadequate, finds that a material misrepresentation was made, or finds it otherwise appropriate, the employer may be required to conduct supervised recruitment in future labor certification filings for a period of up to two years from the date of the Final Determination.

The Department of Labor will approve, deny or audit the PERM application. For assistance in responding to a PERM audit, call Attorney Monique Kornfeld:
617-323-5049.