Labor Certification Audit Lawyers
Legal Help With Labor Certification Audits
U.S. employers who wish to bring foreign nationals to live and work permanently in the U.S. must prove, through the PERM labor certification process, that no willing and qualified American workers were available to fill the positions.
PERM labor certification is a detailed process that requires extensive and specific documentation that demonstrates the employer’s efforts to find qualified U.S. workers. The Department of Labor may audit any pending PERM certification. Prospective employers are audited to determine if there are any instances of fraud or willful misrepresentation of a material fact in the labor certification.
The Audit Process
Audit letters typically list additional documents that the employer needs to submit in support of the PERM certification. Employers have 30 days to respond to PERM audit letters or requests for further information. Failure to do so will result in the denial of the labor certification. The Department of Labor can initiate a two-year period of supervision of the employer’s recruitment practices.
Supervised recruitment is the process that was used for labor certification prior to 2005, when PERM was introduced. It requires that employers advertise for U.S. workers to fill the position for which they are seeking a labor certification. The advertisement must run for at least three days and be placed in a manner that meets specific Department of Labor standards. It is an expensive and time-consuming process compared to PERM.
If the Department of Labor revokes a labor certification, the employer has 30 days to provide evidence that shows why the certification should not be revoked.
The labor certification audit lawyers of May Law Group, LLC, have an impressive record of success in representing clients in labor certification audits and appeals of revocation.
To arrange a free consultation with one of our labor certification audit lawyers, please contact us at your earliest convenience. From offices in New York City, and Pittsburgh and Philadelphia, Pennsylvania, our attorneys represent clients from throughout the U.S. and around the world.