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

Asked about 1 year ago - Boston, MA

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

Attorney answers (3)

  1. 5

    Lawyers agree

    Answered . 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... more
  2. 4

    Lawyers agree

    Answered . 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 http://peerallylaw.com Phone (510) 742 587 President of Shah Peerally Law Group... more
  3. 2

    Lawyers agree

    1

    Answered . 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.

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

35,439 answers this week

3,799 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

35,439 answers this week

3,799 attorneys answering