AUDIT

Labor Certification Audit

Immigration Officer certifying the labor certification can request an audit on either on suspicion or randomly. If selected for audit, the employer will receive an audit letter specifically stating the additional documentation to be submitted, establish a date of 30 days from the date of the audit letter for submission of required documentation, and advise that the application will be denied if the information is not received by the deadline. If the employer does not respond as required, this will be considered a refusal to comply with administrative remedies and no review is available either administratively or judicially.

At the discretion of the officer, the employer may also be required to conduct supervised recruitment for any future labor certification filings for up to 2 years. The CO may grant one extension up to 30 days from the initial 30 period in which to respond to the audit letter. After receipt of the response from the employer, the CO may also request additional information and/or documentation or require that the employer conduct supervised recruitment.

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