February 5, 2014 The Department of Labor (DOL) has released a list of eight criteria that adjudicators will use in determining which applications for PERM labor certification are subject to an audit and possibly, supervised recruitment. When a PERM labor certification is subject to an audit, the DOL requests a detailed copy of all documentation supporting the employer’s attestations on the Application for Permanent Employment Certification (ETA Form 9089). The requested documentation generally includes evidence of required recruitment and results. In addition, supervised recruitment means that the DOL will direct and manage all forms of recruitment for the position. The list of audit and supervised recruitment triggers includes: Jobs for which the minimum educational requirement is less than a Bachelor’ s Degree Trade related occupations Certain public schools 50% of cases that require a degree and no experience 50% of cases where the employer indicates on the labor certification form that it has recently had a layoff Supervised recruitment trigger- Applications by the same employer and employee that are resubmitted after denial within the calendar year Supervised recruitment trigger- Applications by same employer and employee that are resubmitted after withdrawal of an audit case within a calendar year Supervised recruitment trigger- Applications which are filed on paper and not filed electronically The DOL’s audit guidelines also include criteria that are no longer audit triggers but may have been in the past, such as employers with a history of roving employees. Although the DOL’s list of audit and supervised recruitment triggers serves as a helpful set of guidelines, the majority of DOL audits on PERM labor certifications continue to be random. Some PERM labor certification applications that meet the criteria above are not audited while other applications that do not contain any audit triggers are in fact, subject to audit.