April 11, 2018

U.S. Department of Labor Confirms Employers May Retain PERM Audit Files Electronically

During the most recent Quarterly Stakeholder Meeting, the U.S. Department of Labor Office of Foreign Labor Certification (OFLC) confirmed that employers may electronically retain PERM audit file documents. OFLC noted that with the move toward electronic communications, it is highly unlikely they would need any kind of original document. As a reminder, employers are required to retain a PERM audit file for five (5) years after the filing of a PERM labor certification to the Department of Labor. Our firm routinely prepares and sends our clients an audit file as part of our legal services.

However, employers should ensure that any documents stored electronically are legible before destroying the original documents. Any illegible electronic copies provided in response to a Department of Labor audit or notice of intent to revoke could result in denial or revocation of the application. If your company is interested in moving to electronic retention of your PERM audit files, please contact one of our attorneys today.

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