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

Asked 7 months 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. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    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. Shah Iqbal Nawaaz Peerally

    Contributor Level 19

    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. Ajay Kumar Arora

    Contributor Level 19

    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.

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