What cases will be selected for auditing and how will audited cases be handled?
The DOLs computers will review applications based on various selection criteria that will allow problematic applications to be identified for audit. Also, some applications will be randomly selected for auditing. If an application is selected for auditing, the employer will be notified and required to submit specific documentation to verify the information submitted in the ETA 9089. The documentation will be reviewed by an ETA official and either certified or, if the application is incomplete of the documentation does not support the ETA 9089, the application will be denied and the employer will be notified of the reasons. The Certifying Officer will also have the authority to request additional information before making a final determination. The Certifying Officer also has the option in audited cases of ordering the employer to conduct supervised recruiting. This might happen, for example, where there are questions arising regarding the adequacy of an employers test of the labor mark
