As an HR manager, keeping up with the PERM process can be an unmanageable process especially if you risk a PERM audit. It’s a necessary step for companies looking to hire foreign workers, but also a scary one. In this article, we will explain some of the key tips for getting through the PERM audit and keeping your business in line with U.S. immigration law.
How Does PERM Audit Work?
A PERM audit is a verification that an employer follows all steps and fulfills all requirements for the Permanent Labor Certification (PERM) program performed by the US Department of Labor (DOL). The audit will review all the documents submitted by the employer like job applications, job descriptions, and any other documentation.
Audits are either random or curated, according to certain parameters. If your application is approved for audit, the DOL will ask for further documents and documentation by a predetermined deadline.
The DOL will look through the materials requested once it receives them. The whole thing will move on if all goes well. However if there are inconsistencies or questions, the DOL can demand clarification or additional documents.
How to Become An Expert At The PERM Auditing Procedure?
1. Keep Accurate and Organized Documentation
The secret to PERM audit success is organization. Please keep complete, exact copies of all the relevant documentation (eg:
- Job descriptions
- Recruitment (ads, job openings, etc.)
- Resumes and interview records
- All forms have to satisfy DOL requirements. Keeping your documents updated and organized so you have easy access when needed is important, especially during an audit.
2. Conduct a Pre-Audit Self-Assessment
- Before submitting your PERM application, do a review of yourself and your paperwork. This early check-in can help find any weaknesses or blunders that can come back to haunt you later. Check and double-check that you have all the forms you need, and that your job postings, recruiter efforts, and more are uniform and correct.
- Make time for this pre-audit self-review so that you can catch things before they become problems in the event of an audit.
3. Implement Strong Recruitment Strategies
This is the most important step in the PERM process: recruitment. You have to hire according to DOL guidelines, which means posting job listings at different locations and keeping detailed records. Don’t forget to post vacancies on various sites including:
- Online job boards
- Professional networks
- Industry-specific publications
- You’ll also need to track all hiring events — open positions, application letters, interviews. If selected for an audit, you’ll have to prove that you hired the right candidate in good faith.
4. Get Legal Help
Understanding how to work through a PERM audit can be complicated and working with an immigration attorney or PERM expert can give you some invaluable assistance. A legal professional can:
- Read your documentation to see if you are up to DOL standards.
- Help interpret complex regulations.
- Tell about the correct response to audit notifications.
An attorney who has been through the process many times can make all the difference to the success of the case.
5. Be Prepared for Audits
Audits are random but part of the PERM process. Preparation can save you time and hassle. These are some things to do:
- Gather all supporting documentation long beforehand.
- Plan to respond to audits Prepare an audit response strategy
- Learn about the DOL audit process.
Having the tools in hand will allow you to manage the audit cycle should it arise.
6. Quickly and Correctly Accurately Respond to Audit Requests
If your application is audited, it is very important to respond in time. Read the audit notice thoroughly and collaborate with your legal team on a detailed response. Be sure to answer all of the questions asked by the DOL and provide a response within the timeframe given.
Incorrect or late answers could take the audit too long and delay the result.
7. Maintain Open Communication
Communication is key throughout the PERM audit. Keep in regular contact with:
- Your lawyer to make sure you’re not getting off track.
- Your inside team (honesty department, recruiters, etc.) and keep them updated with the journey.
- Meet foreign workers who are part of it, so they know timelines and what to expect.
- A regular check-in keeps all participants updated and stocked for any developments or problems in the audit.
Getting through the PERM audit is not as easy as it sounds — you need to be organized, diligent, and know the laws. If HR managers have accurate documentation, perform pre-audit checks, have effective recruitment procedures, and seek legal advice when needed, then the audit process is easier and less daunting.
Keep up to date on any immigration regulations and communicate with your team. By preparing and monitoring, you can pass the PERM audit without incident and continue recruiting the best international talent no matter where they come from.
To learn more about how to handle the PERM audit, don’t hesitate to consult with an immigration attorney and labor certification lawyer.
