PERM Audit Hotspots in 2024 – 2025: What Employers Need to Know
More employers are seeing audits in the PERM process than ever before. The Department of Labor (DOL) now audits nearly 30% of all PERM filings. These audits can slow a case down by months, even a year, on top of the already long processing time of 16 to 17 months. With stricter rules and more oversight, understanding why audits happen is key to keeping your case on track.
Why Are PERM Audits Increasing?
The DOL is trying to protect the integrity of the labor market and make sure employers are not using the process to favor foreign workers overqualified U.S. workers. Because of this, they’ve been targeting cases that raise questions, especially those with unusual job requirements, vague recruitment ads, or remote work policies that aren’t clearly explained.
What Triggers an Audit?
Some of the most common audit triggers in 2024–2025 include job ads that require a foreign language without a strong business reason, recent layoffs in the same job or area, and listings that ask for a degree but no experience. Also, if the worker is related to someone at the company or owns part of it, that could raise a red flag. Employers that allow remote or hybrid work must clearly state all possible work locations, vague statements like “anywhere in the U.S.” often lead to audits.
Wage issues can also trigger audits. If a job ad says “competitive salary” but the prevailing wage determination shows a fixed number, the DOL may think U.S. workers didn’t get enough information. Refiling a case after denial or filing for public school or trade jobs may also draw attention.
What Happens During an Audit?
The DOL will send a notice, usually by email and through the FLAG system. Employers must respond within 30 days. They will need to submit copies of all job ads, resumes received, interview notes, recruitment reports, and more. If even one piece of documentation is missing, the case can be denied. In some cases, the employer may be placed into supervised recruitment for future filings.
How Does an Audit Affect the Timeline?
An audit can delay your PERM case by six to twelve months. This may impact the worker’s visa status, create gaps in work authorization, or affect green card timelines. For employers, it can disrupt staffing plans and delay hiring for important roles.
How to Avoid Red Flags
To reduce audit risk, employers should carefully plan each step of the PERM process. If the job requires a foreign language, explain why it’s necessary. If there were layoffs, be clear about how they affect the filing. For remote roles, list every possible worksite in the job ad and wage request. Be sure to follow wage disclosure rules in states that require it, and keep records of all recruitment steps.
The DOL can audit a case even years after approval, so keep all documentation for at least five years. Doing regular internal reviews of past filings can also help avoid repeat issues.
Final Thoughts
PERM audits are now a routine part of the green card process. By understanding what the DOL is looking for and preparing your filings carefully, you can avoid unnecessary delays and protect your case. Good planning and strong documentation go a long way in keeping things on track.
Our firm follows trends in PERM enforcement, audit policy, and processing times so that our clients are prepared at every step. If you have questions about how these audit patterns may affect your green card strategy, or if you need help structuring a PERM case that’s audit-ready, please reach out to us. We’re here to help you navigate the process with confidence.
