PERM — Document Retention Requirements
Notice to Employers Filing Labor Certiﬁcations (PERM) for an Employee
The statutes and regulations governing PERM impose a number of requirements:
- The petitioning employer’s person with hiring authority (someone in your Human Resources Department) must be the person opening the main account for on-line ﬁling on the US Department of Labor’s website (http://www.plc.doleta.gov). This person can then establish sub-accounts for attorneys, agents, or other personnel who can then do the actual ﬁlings on behalf of the employer.
- The petitioning employer is required to keep and review all résumés received in response to the ads that are required as part of the process. Any of these persons who appears to meet the minimum requirements for the position, as listed on the forms ﬁled, or to be ﬁled in connection with the PERM petition, must be interviewed to determine if they are indeed qualiﬁed and available for the position.
- The petitioning employer is required to keep all résumés received, whether the applicant is qualiﬁed or not. These résumés must be kept for a period of ﬁve years.
- The petitioning employer is required to keep documentation of all ads placed, of all supporting documentation, and of the reasons why any applicants were not qualiﬁed or available for a period of ﬁve years.
Both the US Department of Labor and the US Citizenship and Immigration Services can request copies of all this documentation at any time during the ﬁve years the documentation must be kept.