PERM/Department of Labor (ETA Form 9089)

The Department of Labor (DOL) has issued several news releases in recent weeks that point to a regime of increased enforcement in DOL’s immigration programs. In light of the heightened enforcement by DOL, employers should take the time to ensure that their PERM procedures are in compliance with all DOL rules and regulations.

The lawyers at MVP Law Group are experienced with the PERM procedure and will evaluate your current procedures and determine efficient ways to maintain DOL compliance. At MVP Law Group, we work with you to create an inventive solution that meets your needs in a timely, cost efficient manner. Don’t delay and wait for a knock, start now to ensure that your company’s business practices are in compliance.

It is the employer’s responsibility to maintain an audit file for every PERM application filed on behalf of an employee. As a practical matter, it is important to keep accurate and up-to-date records of all employees supporting documentation, especially when dealing with the PERM process. It is important that all steps in the process are followed precisely. Otherwise, consequences may occur that could ultimately result in supervised recruitment for two years, employer disbarment from the PERM system for two years, or even the closing of the employer’s business.

By maintaining an audit file for every PERM applicant, an employer is prepared to respond to an audit notice in a timely and efficient manner, and has the evidence to establish that they followed the requisite procedures correctly.
As a reminder, it is the employer’s responsibility to maintain an up-to-date accurate audit file for each PERM applicant, as employers are required to retain copies of applications for permanent employment certification filed with the DOL and all supporting documentation for a period of five years.

Moreover, this is exactly why it is extremely important to follow the procedure for PERM applications accurately, and to keep an up-to-date audit file for each PERM applicant.