What Evidence Helps PERM Labor Certification Applications?

Introduction

A PERM labor certification application requires an employer to demonstrate that it has followed the U.S. Department of Labor (DOL) requirements for sponsoring a foreign worker for permanent employment. Although supporting documents generally are not submitted with the initial PERM application, employers must maintain documentation and be prepared to provide it if the application is audited or additional information is requested.

Recruitment and Job-Related Evidence

One of the most important categories of PERM documentation relates to recruitment. Employers should maintain records showing where and when required advertisements and job postings were placed, along with other documentation demonstrating compliance with the applicable recruitment requirements. For professional positions, additional recruitment steps may apply, making careful record keeping particularly important.

Employers should also preserve records concerning applicants who responded to the recruitment efforts. Depending on the circumstances, this may include resumes, applications, interview records, and documentation explaining lawful, job-related reasons for rejecting U.S. workers. The purpose is to support the information and attestations made in the PERM application and demonstrate that the recruitment process was conducted properly.

Evidence should be consistent with the job opportunity described in the application. Documentation concerning the position, its minimum requirements, recruitment efforts, and the employer’s hiring process should accurately reflect the employer’s actual business needs.

Evidence for a Possible PERM Audit

PERM applications may be selected for audit, including through random or other selection procedures. When an application is audited, the DOL sends an audit letter identifying the documentation the employer must provide and establishes a deadline for responding. Failure to provide required documentation on time can result in denial of the application.

Employers therefore should organize their PERM records before filing rather than waiting for an audit. DOL materials indicate that supporting documentation generally must be retained for five years from the date the PERM application is filed.

Strong documentation does not guarantee certification. The evidence must accurately support the employer’s statements and comply with the applicable PERM requirements. Keeping complete, organized records can nevertheless make it easier to respond appropriately if the DOL requests additional documentation.

Conclusion

Careful documentation is an important part of preparing a PERM labor certification application. Recruitment records, applicant information, job-related documentation, and other supporting evidence can help demonstrate that the employer followed the required process.

This article provides general informational content and is not legal advice. PERM requirements can vary depending on the position, employer, recruitment process, and other circumstances. Employers and foreign workers considering PERM sponsorship should consult a qualified immigration attorney for advice regarding their specific situation.