Post Filing Issues

During review of the PERM application, DOL may issue an RFI (request for information) or an audit. Both requests for information and audits offer an opportunity for employers to provide additional documentation into the record file. Audit letters often contain a demand for a wide range of documentation, while RFI letters are normally restricted to a single or narrow range of issues. A PERM application may be withdrawn in response to an RFI but not in response to an audit. No clear consensus has emerged regarding the selection criteria for audits. After filing, OFLC may select an employer for supervised recruitment.

Before making a final determination, DOL may send a request for information. The RFI may be used instead of, or in combination with, one or more audits. Requests for information are dissimilar from audits in that the former are used to clarify issues, while audits are used primarily as a form of quality control. During audits, employers may not withdraw a pending application, but a request for information has no specific consequences.

DOL may select any application to audit and notify the employer of the documentation that must be submitted. DOL maintains some of criteria to select applications for audit. Information about availability of U.S. workers, including layoffs, is likely to give rise to an audit. Employers may not withdraw PERM applications during audits, but they may discontinue their recruitment efforts.

Prior to the enactment of the PERM Rule, applications for labor certification employers had two options -- regular processing or reduction in recruitment (RIR) -- an accelerated recruitment process). The PERM rule introduced an electronic filing procedure that resembles RIR but gives the Certifying Officer the authority to convert the electronic process to supervised recruitment. The latter, being more demanding, is likely to be denied or withdrawn according to statistics. Supervised recruitment does not apply the main body of the PERM Rule but operates under a subsection dedicated only to supervised recruitment. Of great importance is the preamble to the PERM Rule which explains the rationale, purpose and method of processing applications by means of supervised recruitment.