Question C.9 on the PERM application states, “Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, or incorporators, and the [foreign worker]?”
It seems like such an easy question, but if the employer indicates on the Application for Permanent Employment Certification, ETA Form 9089 (PERM application) that a familial relationship exists, you should expect an audit from the Department of Labor (DOL). Under these circumstances, the DOL usually initiates an audit to ensure no undue influence exists in an offer of permanent employment to the foreign worker. While an audit does not mean that the PERM application will be denied, you will want to be prepared with supporting documentation. Continue reading