[PERM] Post Filing Issues

During review of the PERM application, DOL may issue an RFI (request for information) or and audit. Both requests for information and audits offer an opportunity for employers to provide additional documentation into the record file. Audit letters often contain a demand for a wide range of documentation, while RFI letters are normally restricted to a single or narrow range of issues. A PERM application may be withdrawn in response to an RFI but not in response to an audit. No clear consensus has emerged regarding the selection criteria for audits. After filing, OFLC may select an employer for supervised recruitment.

1. Requests for information (RFI)

Before making a final determination, DOL may send a request for information. The RFI may be used instead of, or in combination with, one or more audits. Requests for information are dissimilar from audits tin that the former are used to clarify issues, while audits are used primarily as a form of quality control. During audits, employers may not withdraw a pending application, but a request for information has no specific consequences.