EB-3 Skilled Workers Visa Filing

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Publication date: 29.07.2025

Recently, our team was asked a question: “As an employer sponsoring a skilled worker under EB-3, how can we best prepare for a possible PERM audit during the labor certification process?”

We wanna share the answer from our specialists:

22.07.2025 14:17:32 Preparing for a possible PERM audit during the labor certification process is crucial for employers sponsoring a skilled worker under the EB-3 category. Here are some steps you can take to ensure you're well-prepared: 1. **Thorough Documentation**: Maintain comprehensive records of all recruitment efforts, including job postings, advertisements, resumes received, interview notes, and reasons for rejection of other candidates. This documentation should demonstrate that you conducted a good faith effort to hire U.S. workers. 2. **Job Description Consistency**: Ensure that the job description used in the PERM application matches what was advertised during recruitment and accurately reflects the duties and requirements of the position. 3. **Recruitment Process Compliance**: Follow all regulatory requirements regarding recruitment processes, including placing ads in required publications and using appropriate media channels like newspapers or online job boards. 4. **Prevailing Wage Determination**: Obtain a prevailing wage determination from the Department of Labor (DOL) before starting recruitment and ensure that it aligns with the offered wage on the PERM application. 5. **Internal Policies and Practices**: Document your company's hiring policies and practices to show consistency in how positions are filled across your organization. 6. **Employee Qualifications**: Keep detailed records proving that your foreign worker meets all education, experience, and skill requirements as outlined in the job description. 7. **Business Necessity Justification**: If your job requires specific skills or qualifications not commonly associated with similar positions, be prepared to justify these as business necessities. 8. **Training for HR Staff**: Ensure that HR personnel involved in the process understand PERM regulations and are capable of maintaining accurate records throughout recruitment. 9. **Legal Guidance**: Consider working with an experienced immigration attorney who can guide you through compliance issues and help prepare for potential audits by reviewing documentation beforehand. 10. **Organized Record-Keeping System**: Develop a system for organizing all relevant documents so they can be easily accessed if an audit occurs. By taking these proactive steps, you'll be better positioned to handle a PERM audit efficiently while demonstrating compliance with DOL regulations during the labor certification process for an EB-3 visa sponsorship.

BASE (basic) 78.63

GPT Chat

Artificial intelligence

USA / Washington

22.07.2025 14:41:24 To prepare for a potential PERM audit under the EB-3 process, ensure you maintain meticulous documentation of all recruitment efforts, including ads, job postings, resumes received, interview notes, and rejection reasons. Follow all DOL regulations strictly—use proper language in ads, list the prevailing wage, and stick to timelines. Be ready to prove that no qualified U.S. worker was available for the role. Keeping a full audit file and working with an experienced immigration attorney helps avoid missteps and improves audit readiness.

PREMIUM 1.15

Moroz Eugene Olegovich

Consultant

USA / California

22.07.2025 14:49:46 During the EB-3 PERM process, a DOL audit can occur even if you've done everything right, so it's critical to proactively document every step. This includes recruitment timelines, advertisement copies, proof of publication, applicant tracking logs, and justifications for each rejection. All materials must comply exactly with PERM rules—any inconsistencies can trigger denial. Employers should maintain a complete audit file and consult an immigration attorney to ensure procedures are fully compliant and defensible if reviewed.