June 3, 2008

Boutique Immigration Law Firm Targeted for U.S. DOL PERM Audits

Following recent speculations of the U.S. Department of Labor’s (DOL) plans to step-up its reviews and audits of PERM filings, on June 2, 2008 the Agency announced that it has begun auditing all applications for Permanent Employment Certification - Form ETA 9089 (commonly referred to as PERM) filed by attorneys with the immigration boutique firm of Fragomen, Del Rey, Bernsen & Loewy LLP.

The DOL noted that questionable attorney involvement was discovered in some filings during the mandatory process to recruit qualified U.S. workers. The audit may result in application denials or department-supervised recruitment should improper attorney involvement be confirmed. DOL Audits are utilized to make certain the integrity of the permanent labor certification application process is upheld. With the PERM program’s electronic based system and collection of data, the manipulation and review of statistics by DOL is much easier than it has been historically. The DOL is indeed more focused on administrative processing and review of the bona fides of PERM applications. This of course should not come as any surprise. The DOL has always maintained its dedication to ensure the integrity of the system, a fact reiterated with a stern warning that "all data may be monitored, intercepted, recorded, read, copied or captured and disclosed. . . ." This warning dutifully pops up re-confirming DOL’s expanding database every time the PERM website is accessed. Successful filings are of course still possible, cutting corners though not really an option. A well thought out and executed recruitment campaign is more essential than ever to ensuring proper PERM filings.