PROOF OF BUSINESS NECESSITY AND RECRUITMENT PROOF...
26 Aug 2010
pending
4940 days
02 Aug 2010
30 Dec 2010
my lawyer told me that usually AUDIT would be either for business necessity or recruitment proof but in my case it was both too bad.looks like there are more and more audits for EB2.
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Thanks for your reply. I did my PERM back in 2007 in EB3 and I am planning to do one now in EB2. So I did not start my second PERM yet. But during the first PERM I got an audit and they asked evrything except the resumes. Are they asking resumes for all audits nowadays.
Did u mention any special requirement in the PERM.
sorry did not answer about the resumes am not sure about others but they did ask me for resumes.. and it looks like they are auditing more and more cases these days than before.. the reason is comp are not doing H1 B'S THESE DAYS AND DOL labor force seems to have all the time in the world to do auditing too bad man...
Since ur requirement MS + 0 Years does not require any experience and the DOL might have thought it would have been possible to find a candidate depending upon ur location. However do not worry about it. Write the buisness neccessity letter and make sure you send evrything DOL has requested. If you work for a consultant ask them if they encountered any resume with the same qualification. When I applied first time the requirement was BS + 0 years exp. The candidates who applied either did not posses the degree nor were related to the occupation. Still we recieved an audit. I guess that it was due to the requirement BS + O Years. Again DOL also issues random audits. So u can never predict who will get audit. The other thing they see is the company size. If the company is small they want to make sure that the applicant is not related to the sponsor and an US candidate was not rejected due to that.
I am sorry I forgot to let you know we did not need to provide that since BS + 0 years was well under the normal range. But I heard that normally the employer writes it and the attorney helps to draft it in terms of what to write.
can you please provide the template as to what you send for business necessity audit in the following email: [email protected] I have received the same audit.