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What do we need to have with us in case we get audited under eb-3?
Anonymous9 views6 answers
Hello,
I want to prepare in case we get audited under eb-3.
What documents they will ask from us usually?
Also, is there any template for report recruitment?
I appreciate you in advance.
There are 600 pages of Labor Department regulations that your attorney should be familiar with in regard to the recruitment requirements and the documentation to be maintained in all cases. That is what they likely will ask for plus a signed ETA9089 and then they will ask about any specific questions such as business necessity of any job requirements, whether the foreign national is qualified for the job etc.
There are specific rules associated with PERM and having an Audit file. It is my strong recommendation that you contact an immigration lawyer qualified to help you in this process. Even the best can deal with mistakes do to a lack of fundamental knowledge in the PERM arena.
Honestly, immigration counsel for the employer (as the PERM is the employer's process, not the individual's process) should have a handle on this. Also, the employee is not permitted to participate in the recruitment process, interviews, recruitment results, documentation process. Good immigration attorneys have spent many many hours and a great deal of money reviewing the regulations, FAQs, attending educational conferences, etc. to know this answer. And, the answer is far too large to post in this public forum. Likewise, not many of us would be willing to publicly share "templates" that we've spent many hours developing (after all the research, education, etc.). Your employer should consult with its counsel who presumably is being paid a fair fee to provide this guidance.