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Frequently Asked Questions |
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PERM - What is a PERM audit?
Attestation-based government filings and audits go hand in hand. Generally, whenever there is a government filing that does not require that documentary evidence be submitted with the filing of the application, an audit mechanism will be instituted to ensure compliance with the regulatory requirements and to provide oversight of the program’s effectiveness. Like the federal income tax returns, PERM applications are attestation-based filings that merely require that supporting documentation be retained for submission in the event of an audit.
A PERM audit is simply a demand for all documentation needed to support an employer’s answers, attestations and other information provided on the form. The objective of the audit is to determine if the employer has complied with the statutory and regulatory requirements of PERM. The standard used to adjudicate applications is: whether the employer has met the procedural requirements of the regulations, whether insufficient U.S. workers are able, willing, qualified and available, and whether the employment of the alien will have an adverse effect on the wages and working conditions of U.S. workers similarly employed. The quest for audit data will, at a minimum, ascertain compliance with procedural requirements. This could include the timing of recruitment efforts, evaluating the adequacy of the employer’s good faith testing of the U.S. labor market, reviewing compliance with the prevailing wage regulations, and appraising the reasonableness and normalcy of the employer’s job requirements and the avoidance of restrictive requirements.
The Encarta definition of an audit is: “to review, check, inspect, examine, assess, appraise. Audit -- a systematic check or assessment…typically carried out by an independent assessor; a formal examination, correction.” In many ways a PERM Audit will fit this definition. It will be a new experience for both DOL and the employer. It is neither a “Notice of Findings,” (“NOF,”) formerly issued by the Certifying Officer; nor is it an “Assessment Notice.” previously issued by the State Workforce Agency (“SWA”).
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