Audit letter. Need little help.

[Voin]

Hi there! Today my atterney recieved audit letter. Here is what we have in it:

U.S. Department of Labor
Employment and Training Administration
Chicago Processing Center
844 N. Rush Street 12th Floor Chicago, IL 60611​

AUDIT NOTIFICATION​

February 29, 2008 My company, INC.
c/o My lawyer company
Denver, CO 80246

ETA Case Number: C-XXXXX-XXXXX
Alien's Name: My name
Occupation: Software Engineer, 15-1031.00 Date of Acceptance for
Processing: January 11, 2008​

In Response, refer to: Audit Review Team
Chicago Processing Center 844 N. Rush Street 12th Floor Chicago, IL 60611

Dear My company, INC.
The Application for Permanent Employment Certification (ETA Form 9089) submitted to the U.S. Department of Labor on January 11, 2008 has been selected for audit. In accordance with § 656.20. please submit the following information to the address specified above:

• The documentation listed on the following attachment supporting the attestations made on the application.
• A copy of this Audit Notification.
• A copy of the submitted ETA Form 9089. with original signatures in Section L (Alien Declaration). Section M (Declaration of Preparer (if applicable)), and Section N (Employer Declaration).
• Proof of business necessity as outlined by § 656.17(h) if the answer for question H-12 is no, the answer for questions H-13, H-15, or H-17 are yes, or the job duties and/or requirements are beyond those defined for the job by the SOC/0*Net code and Occupation Title provided by the State Workforce Agency.
• Documentation required for live-in household domestic service workers as outlined by § 656.19(b) if the answer to question 11-18 is yes.
• Notice of filing documentation as outlined in 656.10(d).
• Recruitment Documentation
• 656.17 Basic Process:
  • The recruitment report for this position as described in § 656.17(g)(1) signed by the employer or the employer's representative describing the recruitment steps undertaken and the results achieved, the number of hires, and, if applicable, the number of U.S. workers rejected, summarized by the lawful job related reasons for such rejections. Be advised, the Certifying Officer, after reviewing the employer's recruitment report, may request U.S. workers' resumes or applications, sorted by the reasons the workers were rejected.
  • A copy of the Prevailing Wage Determination received from the State Workforce Agency (SWA) and if not included in the Prevailing Wage Determination, a copy of the request for the determination as originally submitted to the SWA.
  • Recruitment documentation as outlined in 656.17(e).
  OR
• 656.18-College and University Teachers Special Recruitment:
  • a statement signed by an official with actual hiring authority outlining in detail the complete recruitment procedures undertaken; and which set forth the total number of applicants for the job opportunity and the specific lawful job-related reasons why the alien is more qualified than each U.S. Worker who applied for the job;
  • a final report of the faculty, student, and/or administrative body making the recommendation or selection of the alien;
  • a copy of the advertisement for the job opportunity and, if appropriate, evidence of all other recruitment sources; and
  • a written statement attesting to the degree of the alien's educational or professional qualifications and academic achievements.

The required documentation must be submitted by March 31. 2008. If the required documentation has not been mailed and post marked by the date specified to the address listed above:

• The application will be denied
• The failure to provide the requested documentation in a timely manner will constitute a refusal to exhaust available administrative remedies; and
• The administrative judicial review procedure provided in § 656.26 will not be available

NOTE: If the Certifying Officer determines the employer substantially failed to produce required documentation, or the documentation was inadequate, or determines a material misrepresentation was made with respect to the application, or if the Certifying Officer determines it is appropriate for other reasons, the employer may be required to conduct supervised recruitment pursuant to § 656.21 in future filings of labor certification applications for up to two years from the date of the Final Determination.
If the Certifying Officer determines the employer substantially failed to produce required documentation, i.e., the documentation was inadequate, or a material misrepresentation was made with respect to the application:

• The application is question will be denied; and
• The employer may be required to conduct supervised recruitments pursuant to § 656.21 in future filings of labor certification applications for up to two years from the date of the Final Determination..
  Once analysis of the documentation is complete under the standards in § 656.24. the employer will be notified in writing (either electronically and/or mail) of the labor certification determination. In the event of certain denials, the determination can be appealed within 30 days of receipt of the notification of the labor certification determination as outlined in § 656.26.

Sincerely.

William Carlson Certifying Officer

Knowingly furnishing false information in the preparation of this form (ETA 9089) and any subsequent thereto or to aid, abet, or counsel another to do so is a federal offense punishable by a fine, imprisonment up to five years or both (18 U.S.C. 2. 1001)

Audit Reasons
Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstrating that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was in a position not substantially comparable, i.e.. not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstrating that it is no longer feasible to train a worker to qualify for the position.

 

[Voin]

Questions:

1. Is it "random sweep" or we got "targeted" for something?
2. If this is targeted audit, does it mean we need to defend only portion specified in "reason" section?
3. I think - reason was my expirience. I have 4 years of product X from overseas, 3 years of same product X from US company "A" and 5 years of same X from company "B". I am trying to do EB-2 BS+5. Did my atterney made a mistake? Can I use same product expirience in previous company and in my current one?
4. ...or it might be in requirements. We put three products. Let's say "A", "B" and "C". I had 7 years in "A" and "B", before I joined my current company. But I can demonstrate only 3 years in "C". Does it mean that I am not qualified for advertised position?

 

[rasknorr]

I don't think so, you will be qualified. The DOL will pick randomly to Audit. I was informed the same by my attorney yesterday. So, All the best.