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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.