PERM AUDITS

Anyone who is recently filing a PERM-Labor Certification knows that the Department of Labor (DOL) is auditing a significant portion of them. I think this is in response to the financial melt down. Lehman Brothers fell in 2008 starting the financial crisis, but it takes DOL this long, (and right about the time we are going back to solvency) to institute a new policy.  Or maybe the Administration just wants to find work for its top heavy officers.  But for whatever reason, PERM audits have increased.

Those who have filed even one PERM knows that DOL is huge on form rather than substance. (After all this organization still believes in newspapers). You have to dot ever i and cross every t. So use the copy and paste function in your computer.  We draft one advertisement, and then copy and paste it for the ads, the prevailing wage, the notice, everything.

Be sure to say travel required nationally, if thats the case. And yes, you can input it in H-14.  But it is not necessary to input the Kellog magic language.  If you do, watch out for the DOL genie to come back and scrutinize if you have considered people with “suitable combination of education and experience. ”

Its especially galling that DOL is asking whether the employer or employee paid for the perm. The employer already has to open their own account with the DOL and sign the attorney in. The DOL e mails the employer and asks about the filing once its done.  Why dont they have a question there asking whether the employer paid for the perm? Or in fact all the salient points. That way you save the hassle and time loss for an audit.  But then, when have Government agencies ever been paid to think.

 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information.

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