Change of Employer Address When Preparing a PERM Petition

Question: We started advertising, then we moved our office. Do we need to re-advertise?

Answer: It depends if the new office is outside the Area of Intended Employment.

From the DOL FAQ: http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#changeadd1

I am an employer and I am preparing to file an application with the DOL. I have completed the required recruitment. My company anticipates moving to a new area of intended employment before filing the application with the DOL. Does this move affect the filing of the application.

Yes. If the company’s move will change the area of intended employment for
the beneficiary of the application the employer must complete recruitment for the new area of intended employment before filing the application with the DOL. An employer must recruit within the area of intended employment (defined in 20 CFR 656.3), in accordance with 20 CFR 656.17.

CFR § 656.3:

Definitions, for purposes of this part, of terms used in this part.

Act means the Immigration and Nationality Act, as amended, 8 U.S.C. 1101 et seq.

Agent means a person who is not an employee of an employer, and who has been designated in writing to act on behalf of an alien or employer in connection with an application for labor certification.

Applicant means a U.S. worker (see definition of U.S. worker below) who is applying for a job opportunity for which an employer has filed an Application for Permanent Employment Certification (ETA Form 9089).

Application means an Application for Permanent Employment Certification submitted by an employer (or its agent or attorney) in applying for a labor certification under this part.

Area of intended employment means the area within normal commuting distance of the place (address) of intended employment. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles).

If the place of intended employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of intended employment; however, not all locations within a Consolidated Metropolitan Statistical Area (CMSA) will be deemed automatically to be within normal commuting distance.

The borders of MSA’s and PMSA’s are not controlling in the identification of the normal commuting area; a location outside of an MSA or PMSA (or a CMSA) may be within normal commuting distance of a location that is inside (e.g., near the border of) the MSA or PMSA (or CMSA). The terminology CMSAs and PMSAs are being replaced by the Office of Management and Budget (OMB).

However, ETA will continue to recognize the use of these area concepts as well as their replacements.

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PERM is the first step in the employer sponsored green card process. For additional details on the PERM process, please click here.

Taylor and Associates Law PC is a leader in employment based immigration. We routinely advise and assist small to midsize information technology firms with their immigration needs. Please click here to read more about our services and fees and how we help you achieve your goals.

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