FUB05

Does anyone know what the stats / chances are of your application for an immigrant visa being audited when it has been submitted into the PERM process? Are audits performed roughly in 1 in every 100 cases, 1 in 1000 cases etc etc....? I am just interested to know what percentage of cases that are submitted to PERM are actually called for Audit in a calendar year. Thanks in advance.

RICH

What do you mean by audit? 100% of applications will be examined.

I'd guess 2% of approved cases get a second look for quality control.

FUB05

Hi RICH,

yes i realize that all cases get examined. I was referring to the second quality control check aspect (2% chance) you referenced.

I was reading that if you are unlucky enough to be selected for your case to be audited (examined in greater detail) then it can significantly increase your time in PERM for up to 1.5 years. Scary stuff and i will just keep my fingers crossed i am not one of the unlucky 2%.
thanks for the response.

FUB05

I asked a similar question on trackitt and got a response of either 30-40% or 50 - 60% of cases are currently being sent for an Audit review by the NPC

Someone on Trackitt kindly provided the below link which identified how PERM cases are targeted and tagged for Audit Review. Seems that if your application falls into a certain criterion (ie, jobs that require less than a bachelors degree or jobs that require less than a degree with no experience) then there is a greater chance that your application will be sent for an audit review.

http://www.foreignlaborcert.doleta.g...CAuditPlan.pdf

I looked through the tiers on this website and based on my experience and qualifications alone and what is required for the job, i believe their is a good chance my PERM application would not be sent for Audit Review. This of course is just based from my experience and qualifications and the criterion supplied by the NPC.

I have a Bachelors degree and more than 5 years experience and the role also requires this level of experience. When i look at the tiers, these type of applications have not been identified or targeted for audit review. I understand this does not guarantee that my application will not be sent for an audit review.

Does anyone on this forum know of anyone that went through PERM where the job required experience and a Bachelors degree but still their case was sent for an Audit Review?

ian-mstm

You, yourself, noted, "... these type of applications have not been identified or targeted for audit review." I simply don't understand why people actively look for complications and believe themselves to be in the very tiny group that has issues, rather than with the vast majority of those who don't. With respect, I suggest you focus on the 98% of applicants who don't have an issue, rather than on the 2% who do.

Ian

Fred16

Some December 2012 PERM were approved this past week.

FUB05

You make a valid point Ian, but having been told on another forum that up to 50% of cases are currently being submitted for Audit Review it makes one try and get an understanding of how these cases are being selected and chosen for Audit Review. Based on what i did see written by the NPC it does seem my application where experience and bachelors are combined will not be Audited assuming everything else in the application is watertight. I was seeking clarification as what has been stated on this site (2%) compared to what is being said on Trackitt (50%) compared to what is in the Audit Review document from the NPC are very different.

retzie

What actual difference does this make to you? Is it a matter of whether you will accept a job offer or not? If you are just indulging your neuroses, may I suggest you stop? There are many parts of the US immigration process that you can neither inspect nor control (by design); the sooner you get used to the fuzziness, the better.

Since you ask: mine was audited, even though I have a Ph.D. and experience, both of which were required by the job. I can't imagine knowing this helps you in the slightest.

Does this mean yours is finally approved?? If so, congratulations!

FUB05

It helps quite a lot actually as obviously it suggests that the Perm Labor Certification Audit and Supervised Recruitment Criterions issued by the NPC are just guidelines and cases outside of the criterion can still be audited . You are someone that had more than a bachelors degree with experience and was still submitted for Audit Review.

FUB05

Hi Retzie,

This is precisely the case. In a nutshell i am working for a company i don't best enjoy to say the least. I received an offer recently from another company here in the UK, much better career prospects etc than where i am at. My current employer, has always known my desire (dream) to live and work in the USA, and with a business need in the USA they have agreed to sponsor me for an immigrant visa (GC). I have the details of the particulars all written up so know what i am getting myself into.

Because i don't enjoy working where i am, if i decide to pursue the immigrant visa option i want to have a realistic time frame of when i would obtain the immigrant visa. ie, allowing me to pursue opportunities within the USA outside of my current employer. I do intend to stay with the current employer up to a year once i have my immigrant visa. I have and the role requires 5 years experience and a bachelors degree.

So i am debating whether to move too a much better job here in the UK vs immigrant visa petition with current employer and essentially i would like to be free (ie have a GC) as soon as possible to reside and work in the USA outside of my current employer.

I know many things have variables but the perm process almost seems to be one of the biggest obstacles in the entire process. Feels like once this aspect of the process is cleared,the rest of it is relatively down hill. I know a lot of things are outside of my control but i was trying to obtain as much information as possible for me to make my decision. For example, if i knew now it would take 3 years or more for me to get permanent residency i would not stay at my current employer and would accept my new job offer. if however, it realistically takes 14 months - 24 months it is just about bearable staying with my current employer.

So for me getting caught up in a PERM Review would be torture. Not so much because it would take another 1.5 years for the process to move on, but because it would mean another 1.5 years at my current employer and that for me would be a killer.

Hope what i said makes sense.

Fred16

Does this mean yours is finally approved?? If so, congratulations![/QUOTE]

Not yet, hopefully soon

economy_1

If you have new better job in UK (career etc.) then you should take up that offer.Even with green card you will need to wait 5 years to become USC. UK have its own benefits like NHS medical etc. which are not available for even USC.

FUB05

Yeh, i'm aware of the benefits and disadvantages between the UK and USA such as the NHS but still deep down have always dreamt of wanting to reside and live in the USA. I'm not too fussed at all waiting years for citizenship as the main thing would be to obtain the GC and then make a life for myself in the USA and then eventually apply for citizenship when I would be eligible.

On one hand I have an employer and job that I despise that is offering me my dream of permanent residency in the USA. On the other a better job and employer that has offered me a job role in the UK. My instinct is to leave my current employer and from a career perspective it certainly makes sense.

The concern I have is that If I do leave where I am at I may never again be presented with an opportunity where a company is willing to sponsor me for my permanent residency in the USA. Its a dream for me to be able to reside in the USA and as you may have noticed I place a lot of value on it. If I felt even half contented at my current place of work I would have no dilemma. The problem is that I despise it. I know there are no guarantees but I think if I thought in 14 - 17 months I would have a Green Card it may be something that I could suck up and go for it. If someone said 3 years to me then I would jut accept the new job now an get on with my life.

This is why I have been questioning things such as the perm process and audit reviews etc etc. If I was somewhere contented it wouldn't feel like such a rush or race against time for me to obtain my Greencard. If my case got an audit review, it may feel a little frustrating but if I was somewhere I was contented with it would be worth the wait for sure. But I'm not sure I could cope with doing any longer than 17 months without the GC at my current place of work. When I have the GC I would stay with the current employer at least for some months but would then look to find alternative work in the USA.

Options for me are simple but the decision to make I'm finding very difficult:

1. Take the new job at the new employer where things from a career perspective and financial perspective would be better. This course of action would result in me throwing away perhaps the only chance I will ever get to pursue my dream of living and working it in the USA.

2. Stay where I am and hope in 10 - 12 months time my case does not get sent for audit review. If it does then I'm pretty sure I'd resign from my current place and look for a new job as really by then I would need some ray of light to justify why I was staying at my current place of work which is making me quite unhappy for several reasons.

I am leaning towards option 2 and taking the gamble and hope my case does not get audited at the PERM stage or I-140 stage. My main concerns are the PERM audit review happening and the fact that although the company attorney is sure they could file an EB2 case for me, I am a little concerned as all I have is a UK 3 years Bachelors degree and 7 years experience. I am concerned over the 3 year degree which is typically not seen as an equivalent to a US 4 year degree. However, I read in 1 or 2 places that UK degrees are considered equivalent to 4 year US degrees. Just feels like it could either way with the 3 year UK degree being equivalent or not.

Any advice or suggestions would be warmly received

retzie

Personally, I wouldn't sit through the kind of pain it sounds like you're in at your current employer for an immigration benefit. But then, I only moved here for the career opportunities (existent vs non-existent); I never particularly wanted to come here at all.

Perhaps some other things for you think about, rather than just focusing on whether you can grit your teeth through the current opportunity:

• Is this really the only likely chance for you to get to the US? How well-placed would you be on the open job market? Do you qualify for the Diversity Lottery? (Are you single and open to marrying an American??)
  
• What constitutes your American dream? Where do you want to live? Have you visited/do you have friends here already? Are you okay with the reshuffle of life priorities that happens here (all about work)? There are regularly threads in the main US forum where people 'dream of living in the USA', where BE regulars contribute their wisdom on what is a reasonable vision, and what isn't.

You don't have to answer these here (though, you're welcome, if you feel the discussion will help). It's more that if you can fill out the picture of your options, you will hopefully feel less backed into a corner when it comes to the decision

Darra

FUB05,

I have been in the process of getting a green card to move to the US for just over two years now. The company that are sponsoring me for my GC regularly send people with degrees and significant experience to the US (EB-2) and they told me that approximately 1/3 of their cases get selected for a PERM audit.

I was selected and the process was delayed by almost 11 months (selected for audit Apr 13, audit signed off Mar 14), during which there was a shutdown for 2 weeks and a few days of terrible weather which caused the processing centre to close. I believe that the current timeframe for audit approval remains around 1 year.

By the time I get my embassy interview and get across to the US the entire process will have taken about almost 2.5 years. However I do know of people sponsored by the same company where it took less than 1.5 years. I believe that with the current timescales 1.5 years would be the quickest period for completion of the process.

Is there not a 3rd option where you ask your company to send you across on a non-immigrant visa, see how you like the country and your company's US operations and then apply for a GC?