If my PERM is under audit, can I change employer?

The immigration process through the EB-3 visa, especially with the PERM certification, involves several steps and procedures that can be complex, particularly when an audit occurs. This situation requires special care and a detailed analysis of how it affects the relationship between the employee and the sponsoring employer.

When the PERM is under audit, it means that the US Department of Labor is reviewing the sponsor’s documentation to ensure legal compliance. The process becomes delicate because it is tied to the employer who initiated the procedure.

Changing employers during the audit can complicate the process, since the certification and the I-140 petition are based on a specific job offer. The substitution may require starting a new process, cause delays, and the need to meet the requirements again, affecting deadlines and eligibility.

It is crucial to follow laws and regulations, seek specialized guidance, and avoid unfounded promises. Each case is unique and must be thoroughly evaluated to guarantee safety within the US immigration system.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.