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Audit % for PERM and I-140 (Eb2/3; Chinese national)?

Boston, MA |

What's the current Audit % for PERM and I-140 (Eb2/3; Chinese national)?
Are there any stats?

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Attorney answers 3


The chance for an EMPLOYER'S PERM to be audited, regardless of beneficiary's nationality is 50%+ in the EV-3 position category & approximately 45% or less in EB-2. Audits are by themselves tragic, except when DOL orders "supervised recruitment" months after having received the audit response from the employer.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Giacomo Jacques Behar

Giacomo Jacques Behar


Audits by themselves are NOT tragic is what I meant.


It is not about stats. There are many factors for audit:
1. The history of the company;
2. The lawyer preparing the case;
3. Random check.

I wish you best of luck and do not stress a this point, nothing can be done, just wait for it.

Shah Peerally, Attorney at Law Phone (510) 742 587 President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887


Anecdotal experience suggests between 30 to 50% of cases end in audit. The beneficiary's nationality is not supposed to be a factor in selection.

Although apparently randomly selected, some factors that seem to precipitate an audit include entry level positions not requiring experience, I.T. positions that appear to be consulting positions rather than staff or in-house positions, and certain companies that for some reason seem to almost always receive an audit.

The employer can prepare for an audit by keeping meticulous recruitment records as per the immigration attorney's instructions. An error-free response to an audit (again, with the assistance of an immigration attorney) should result in certification.

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