Beware DOL Audits
For Foreign Workers
The U.S. Department of Labor (DOL) is auditing nearly 30 percent of fiscal 2014 filings for
the Permanent Labor Certification Program
The PERM process is the first step in the
employment-based green card route for many
foreign nationals. It is a highly regulated process, with the DOL requiring information
from the employer about the job opportunity
(such as worksite location, duties and prevailing wage), the employer’s recruitment process
for U.S. workers (such as where the employer
placed the ads), and the foreign worker (place
of birth, education and work experience).
The DOL received a total of 67,691
PERM applications in F Y 2014. Of the
57,489 that were certified, 29 percent are in
A PERM case that is audited can result in
an additional eight- to 10-month delay until a
final decision is issued, says Andrew Wilson,
a partner in the immigration law firm Serotte
Reich Wilson, in Buffalo, N. Y.
PERM “requires extraordinary attention
to painstaking detail, as there is no process for
correcting errors,” according to Bonnie Gibson, an attorney with Fragomen in Phoenix.
Even small errors can throw the process off
Jill Bloom, an attorney with Fragomen in
Phoenix, says that common mistakes with
• A mismatch of the prevailing wage and
• Typos, including material items, such as
dates of recruitment.
• Incomplete content in advertisements,
postings or job orders.
• Failure to address the foreign national’s
background for meeting minimum requirements for the job opportunity on Form 9089.
• The use by company representatives of a
too-high standard to review all applicants.
In F Y 2014, the most common occupation classification for a PERM filing in F Y
2014 was under computer and mathematical
( 56 percent). The most common country of
citizenship for a PERM beneficiary was India
( 56 percent). And the most common nonimmigrant classification was H-1B (86 percent).
Fifty-five percent of PERM filings required an
advanced degree as the minimum education
—Roy Maurer and Allen Smith, J.D.
E-Verify Begins Deleting 10-Year-Old Records
As of Jan. 1, 2015, HR professionals won’t have
access to E-Verify records that were created on or
before Dec. 31, 2004, and they can expect a purge
of data more than 10 years old each year from this
point for ward, according to U.S. Citizenship and
Immigration Services (USCIS).
“Employers that have been participating in the
program since Dec. 31, 2004, should take measures
to archive their data,” says Kevin Lashus, manag-
ing shareholder of the Austin, Texas, office of
Jackson Lewis and president of the SHRM Austin
USCIS has created a Historic Records Report that
users can download and save for archival purposes.
However, it will only be available until Dec. 31.
66% of companies threw holiday or end-of-year parties last year.
8% asked workers
to pay for guests.
45% didn’t allow
employees to bring food,
decorate, buy tickets, give
money or otherwise contribute.
42% held gatherings during business hours.
Source: SHRM’s 2013 survey on holidays and end-of year activities