My employer filed my PERM LC several months ago. They would not let me get involved in the process, and now I found out the case has been audited. Is that a sign that the employer made a mistake in the PERM filing?


First of all, your employer did the right thing by making sure you were not involved in the PERM LC process. If you had been involved, this alone could have resulted in a denial. Keep in mind that the PERM process is primarily a labor market check, where the employer must verify that no U.S. worker is qualified, willing, and able to fill the position. So, it makes sense that the U.S. Department of Labor (DOL) wants to ensure the foreign national hoping to ultimately fill that permanent position does not taint the recruitment efforts.

As for the audit, a significant percentage of PERM cases are randomly selected for audit by the DOL. There are certain factors that could increase the chances of an audit. And yes, it is possible that the employer made a mistake that triggered the audit. But, in general, the most likely reason for a case to be audited is little more than bad luck. (02.Feb.2022)

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