PERM public access files

The regulations of the Department of Labor, at 20 CFR 656.10(f) require that:

Copies of applications for permanent employment certification filed with the Department of Labor and all supporting documentation must be retained by the employer for 5 years from the date of filing the Application for Permanent Employment Certification.

As a practical matter, the audit file should contain all of the following documents:

SWA PWD/alternate wage survey
Evidence of other employer in-house media (electronic or printed)
Two advertisements placed
Three additional recruiting methods (if required)
Original Form 9089 and recruitment report
Copies of résumés received
Notice of Job Opportunity
Any supplemental information required by DOL

The employer should compile all of these documents into one folder or envelope and keep them available for five years from the date the PERM application was filed. After that interval has expired, the file may be destroyed.