My first PERM was denied. Would reapplying with the same employer, but for a different position, result in a guaranteed audit?

Answer

It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but, keep in mind that many PERM cases are audited. In fact, the DOL audits approximately 30-40% of all PERM cases. So, if everything else is ok with the job and the employer, don’t feel like it is necessary to make a change to try to avoid an audit. (16.Feb.2015)

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