In response to a Freedom of Information Act (FOIA) request, the Department of Labor (DOL) recently released a list of eight criteria used in flagging PERM (labor certification) cases for audits and possible supervised recruitment.

The following are a few types of PERM cases that are more likely to be targeted for audits and possible supervised recruitment, according to this document:

• Occupations where the primary requirements were less than a Bachelor’s Degree
• Occupations that required a degree, but did not require additional experience
• Cases that were denied then resubmitted within the same calendar year
• Cases that were withdrawn following an audit then resubmitted within the same calendar year
• Applications that were not filed electronically

To view the entire DOL document go here.

It is important to note that this is not an exhaustive list of cases that could be flagged by DOL and these criteria are subject to change without notice. We recommend that prospective PERM applicants proceed with caution and continue to consult with a qualified immigration attorney regarding this issue when considering filing a PERM case.