A PERM application is filed with a summary of recruitment, not the recruitment itself. The proof stays with the employer, and the Department of Labor can ask for it in an audit.
An audit letter gives a short deadline. An employer that kept the file can answer it in a day. One that did not may lose the case.
What to keep
- Copies of every advertisement, with the dates and the name of the publication or website.
- The state workforce agency job order, with its start and end dates.
- The notice of filing, and a record of where and when it was posted.
- Every résumé received, including those that arrived late.
- Notes of each contact with an applicant: calls, emails, interviews and the reason for each decision.
- The signed recruitment report.
The reason an applicant was not qualified must be a lawful, job-related reason, tied to the requirements stated in the application. Write it down at the time.
How long to keep it
The regulations require the employer to keep the supporting documents for five years from the date the application is filed. Keep them longer if the case is still being litigated or reviewed.
Who should hold the file
One person at the company should own the PERM file, usually in HR. Hiring managers should send their notes to that person when each interview ends.
We keep a copy too. But the regulation puts the duty on the employer, and an auditor may ask questions only the company can answer.
Sources
- U.S. Department of Labor, Foreign Labor Application Gateway: PERM
- eCFR, 20 CFR Part 656, Labor Certification Process
Published Aug. 18, 2026.