One of the most critical steps in the employment-based green card process is obtaining a PERM Labor Certification. The PERM program exists to protect American workers, requiring employers to prove that no qualified, willing, and able U.S. workers are available for a position before hiring foreign talent.
Because the Department of Labor (DOL) takes this mandate seriously, receiving a PERM audit notice is common – in fact, about one in three applications are audited. An audit can feel stressful and add significant delays to your green card journey, but it does not have to end in denial. With the right preparation, you can navigate the process successfully.
This guide is your essential resource for surviving a PERM audit in 2025. We’ll walk you through why audits happen, the latest processing times, and exactly how to prepare a rock-solid response that gives your application the best chance of success.
Facing a PERM Audit or Worried About a Red Flag
Don’t leave your case to chance. An incomplete or late response can lead to denial. Our experienced immigration attorneys can review your situation and help you prepare a strong, successful audit response
What is PERM Audit Review?
To help ensure employers are abiding by the rules of protecting American workers, the Department of Labor (DOL) may conduct a PERM audit. A PERM audit is a formal request from a DOL Certifying Officer (CO) for the documentation that demonstrates you complied with all program regulations when filing your ETA Form 9089.
When you submit a PERM application, you’re only declaring that you met all the requirements; you don’t send proof unless the DOL asks for it in an audit. Essentially, the possibility of an audit should act as your strong motivator to maintain a perfect, audit-ready file from the very beginning of your recruitment process.
Random vs. Targeted Audits: Why Was My PERM Application Selected?
The DOL selects applications for audit in two ways: through random selection for quality control or through targeted reviews based on specific “red flags” in the application. According to the Society for Human Resource Management (SMRH), one in three PERM applications are audited.
The Random Audit
Many PERM audits are completely random. A random audit is not triggered by anything you did wrong; it is simply a “spot check” to verify compliance with the program’s rules..
Attorney Tip: The possibility of a random audit is the single most important reason why every employer must meticulously prepare and maintain a complete, audit-ready file.
Targeted Audit
A targeted audit for a PERM Labor Certification is more intensive than a random audit because the DOL has spotted potential red flags or inconsistencies in your application. These “red flags” often lead the DOL to suspect that the job requirements have been unfairly tailored to the specific qualifications of the foreign national, rather than reflecting the employer’s true minimum needs, thereby unlawfully excluding U.S. workers.
If the DOL finds discrepancies or missing information during an audit, they may request clarifications on applicant rejections, question unusual job requirements, ask for payroll or tax records to confirm the ability to pay, or seek proof that the foreign worker meets all minimum qualifications.
Common Triggers for a Targeted PERM Audit
If there is anything inconsistent with the content of the application, documentation, or job requirements, the CO has the ability to request a targeted audit. Since all petitioners have the potential to be selected for an audit, all petitioners need to understand the common red flags:
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Audit Trigger |
Why It Raises a Red Flag |
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Layoffs in past 6 months |
If the employer recently laid off U.S. workers in related positions, the DOL may suspect qualified workers were available but not hired. |
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Requirements exceed O*NET SVP norms |
Job requirements that are higher than the Standard Vocational Preparation (SVP) range for the occupation can appear tailored to the foreign worker. |
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Foreign Language Requirement |
The DOL requires proof of business necessity, as language requirements can unlawfully limit the U.S. applicant pool. |
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Familial Relationship / Alien Ownership |
If the foreign worker is related to the owner or has a financial interest in the company, the DOL may question the objectivity of the hiring process. |
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Combination of Occupations |
Combining duties from multiple occupations can narrow the applicant pool and may be seen as tailored to the foreign worker’s unique skills. |
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Experience Gained with Sponsoring Employer |
Using experience the foreign worker gained while working for the same employer as a minimum job requirement can be disqualifying unless specific conditions are met. |
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Other Atypical Requirements: |
Positions requiring less than a bachelor's degree, a degree with no experience, or jobs at companies with fewer than 10 employees are often seen as unusual by the DOL and will prompt closer review. |
A Look Inside a Real PERM Audit Request
In a recent PERM audit request handled by VisaNation Attorneys, the Department of Labor included specific requests designed to test the integrity of our client’s PERM application. The request shows requests a real audit will include, such as:
- Justification for On-the-Job Training: The DOL will often ask you to explain in detail why U.S. applicants who were deemed “not qualified” could not have acquired the necessary skills during a “reasonable period of on-the-job training.” A response might involve explaining that the role is a senior-level position requiring advanced expertise that cannot be quickly taught, as opposed to an entry-level role where such training would be expected.
- Declarations Regarding Payment: A crucial compliance check involves ensuring the foreign worker has not paid for any part of the PERM process. The DOL frequently requests signed declarations from both the employer and the foreign worker, each made under penalty of perjury, stating that the employer did not receive any payment from the worker for costs like attorney’s fees or advertising.
- Hyper-Detailed Applicant Logs: An audit will demand a report for each rejected U.S. worker that includes their resume, the dates you contacted them, the dates you interviewed them, the specific reasons you did not interview them (if applicable), and proof of your contact attempts, such as telephone logs, dated emails, or certified mail receipts.
Ultimately, this case highlights the necessity of maintaining a perfect record of the processes and abiding by all rules set by the Department of Labor.
PERM Audit Response Checklist
If your application is selected for an audit, you will receive an audit letter from the CO that specifies the required documents and provides a strict 30-day deadline to respond.
Warning: Failure to respond completely and on time will lead to a denial and may trigger mandatory supervised recruitment for future filings for up to two years.
The response should include a cover letter, and may include some of the following evidence:
- Copy of the Audit Notification
- Prevailing Wage Determination (PWD): A copy of the final PWD issued by the DOL. This is required to prove the offered wage is compliant with regulations for the specific job and location.
- Signed ETA 9089 (Labor Certification application): Signed by employer, employee, and attorney.
- Recruitment Records: Proof of your 30-day job order with the State Workforce Agency (SWA) and the original, full-page newspaper “tear sheets” for two separate Sunday advertisements.
- Additional Professional Recruitment: For professional roles, you need dated evidence for at least three additional recruitment steps, such as screenshots of your website posting, invoices from online job boards, or brochures from job fairs.
- Notice of Filing (NOF): A copy of the internal notice posted for your current employees, along with a signed attestation confirming the exact 10-business-day posting period.
- Recruitment Report and Applicant Records: A detailed narrative of your recruitment campaign that summarizes all steps, lists every U.S. applicant with the lawful reason for their rejection, and includes copies of every resume received and all contact records (emails, call logs, interview notes).
- Business Necessity Justification: If your job requirements are considered restrictive (e.g., exceed O*NET norms), you must submit a formal letter with supporting evidence explaining why these requirements are essential to perform the job duties.
- Corporate and Beneficiary Documents: Proof of the company’s financial ability to pay the proffered wage (e.g., tax returns) and proof that the foreign national met all job requirements before the PERM was filed (e.g., diplomas, experience letters).
If the employer responds within the allotted time, the CO will decide if the additional material submitted corresponds with the submitted ETA 9089 form. The CO has the option to either deny the application if multiple inconsistencies appear or request further credentials.
Potential Outcomes of a PERM Audit
- Certification: The CO is satisfied with your documentation, and your PERM application is approved. You can then proceed with filing the I-140 petition with USCIS.
- Denial: The CO finds your response unsatisfactory. If your case is denied, you have 30 days to either file a Motion for Reconsideration with the CO or file an appeal with the Board of Alien Labor Certification Appeals (BALCA).
- Order for Supervised Recruitment: The CO finds significant flaws in your recruitment and orders you to conduct a new, supervised recruitment campaign.
PERM Audit Processing Time 2025
An audit adds significant time to the PERM process. While timelines are always subject to change, here is a general overview based on current data:
Without an Audit: A standard PERM application takes approximately 16 to 18 months for a decision.
With an Audit: An audit can add nine to ten months or more to the total processing time.
For the most current processing dates, you can check the Department of Labor’s Foreign Labor Application Gateway (FLAG) website, which is updated monthly. As of early August 2025, the DOL was processing PERM applications filed in April 2024.
PERM Audit vs Supervised Recruitment
It’s important not to confuse a PERM audit with supervised recruitment. While both cause delays, supervised recruitment is a more intensive and punitive measure.
- PERM Audit: A request for documentation after recruitment is complete to verify compliance. Audits can be random or targeted.
- Supervised Recruitment: An order from the DOL to re-do the entire recruitment process from scratch under the supervision of a Department of Labor CO. This is not random and is typically ordered after a failed audit or when the DOL suspects serious issues with the employer’s recruitment efforts.
During supervised recruitment, the CO must approve ad text, direct where ads are placed, and all applicant resumes are sent directly to the CO first.
This process adds at least six more months to the timeline and significantly increases costs and administrative burdens.
Request for Reconsideration After Denial
A request for reconsideration is an appeal to the DOL for the denial to be reconsidered if you believe it was due to an error or some other consideration. Be aware that the processing times will vary depending on the department’s caseload and ability to handle existing applications.
What Happens if the DOL Refuses to Reconsider?
If they refuse your request for reconsideration, it will shift to a request for review to the Board of Alien Labor Certification Appeals (BALCA).
Frequently Asked PERM Questions
What Are the Chances That My PERM Application Will Be Audited?
The DOL audits approximately one in three PERM applications. A significant portion of these are random, so even a perfectly prepared application can be selected.
Does a PERM audit mean my application will be denied?
No. An audit is a request for proof, not a denial. It is your opportunity to demonstrate that you complied with all regulations. A well-prepared audit file is the key to a successful outcome.
How can I check my PERM audit status?
The DOL does not provide a public tracker for individual petitions. However, you can see the general processing dates on the FLAG.DOL.GOV website. This will show which filing dates are currently under “Analyst Review” or “Audit Review.”
Can I Withdraw My Labor Certification Application After Audit Notice?
No. Once an audit is issued, you cannot withdraw the application without first providing a complete response. Withdrawing after responding is permitted, but failing to respond can lead to penalties, such as mandatory supervised recruitment for future filings.
Are there certain things that trigger an audit?
Yes. The DOL may target your case for audit if it sees potential red flags, such as:
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Layoffs in the past 6 months – Concern that qualified U.S. workers were displaced.
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Requirements exceeding O*NET norms – Suspected inflation of job criteria to match the foreign worker’s profile.
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Foreign language requirement – Presumed preference unless backed by strong business necessity evidence.
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Familial relationship or ownership – Questioning whether a genuine job opportunity exists for U.S. workers.
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Combination of occupations – Duties from multiple roles that make it hard for U.S. workers to qualify.
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Experience gained with the sponsoring employer – Possible credit for normal on-the-job training unless positions are substantially different.
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Other atypical requirements – Unusual degree/experience combinations or very small employer size.
Strong documentation and clear business necessity evidence are key to passing DOL review in these cases.
How fast are permanent labor certification applications processed?
Around 16 to 18 months.
As an employer, can I submit alternative evidence if I do not have the primary evidence available for submission?
According to the regulations noted in 20 CFR 656.20, when an audit is received, the employer must submit the required evidence in compliance with the audit request. However, there are some exceptions.
For instance, we once received a question from an employer. They asked what to do if they did not have dated copies of pages from their site advertising (according to the audit regulations). In this case, you may be able to satisfy the audit request with alternative evidence. Sometimes your evidence does not need to be indicated in 20 CFR 656.20.
How VisaNation Can Help
Getting a PERM audit is sometimes unavoidable, but you can mitigate the risks with help.
VisaNation Law Group’s experienced attorneys can help you handle the PERM recruitment process to avoid a targeted audit, and if it’s too late, to prepare a response.
Get in touch with our attorneys