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Do i need to be in 120 miles radius within my employer city for GC PERM Labor Certification

Beaverton, OR |

Hi,
I am completing my 5th year in US on 29th of April and my employer is in process of applying my GC PERM Labor certification and he is asking me to move to newyork (Employer based out) saying that i have to be within 120 miles radius of newyork to get my labor cleared without any issues (RFE/Audit). I am currently working here in Oregon for a good client, long term project and also in don't want to move to coast to coast again.

Please let me know whether the above mentioned scenario is true for labor certification or not.

Thanks in advance.

Attorney Answers 4


  1. PERM is complicated. You need to consult an immigration attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. Labor certification is the process which is performed by the employer and location of prospective employee is not relevant.


  3. DOL has started to issue more audits for PERM cases where the employee is in a geographical location which is different than the location of the PERM position. However, that is not the only reason for an audit. There are many complex issues that apply to PERM cases so you should consult an immigration attorney to discuss this further.

    Akanksha Kalra, Attorney at Law: 215-542-4905 or ak@akaimmigration.com Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This communication does not create an attorney-client relationship.


  4. Here's the bottom line: If you don't do what they want .. they won't sponsor you.

    You might want to look for a 'real' employer ... it sounds like you're in a job-shop relationship when you mention a 'client' ... they are always shaky for PERM cases.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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