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I’m going through unskilled-worker employment-based immigration.
My attorney says there’s a high chance of being audited — does that mean it’s guaranteed to happen? I’ve heard this makes the process take even longer — I’d like to know how to avoid an audit.
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In unskilled-worker employment-based cases, being audited at the labor certification approval stage happens fairly often. While audits are generally said to be conducted on a randomly selected sample, in practice, the Department of Labor also has a quota of cases selected at random, and certain occupation categories are frequently predetermined as audit targets — so unskilled cases are seen as being audited in the vast majority of instances.
It’s also true that the audit period adds significant additional processing time, and many cases are denied at this stage. Since the Department of Labor has significant discretion here, we think the key is understanding in advance what kinds of audit questions or scrutiny might apply to your specific case, and preparing accordingly.