Unanticipated Work Locations and PERM


Unlike the Labor Condition Application (LCA) used for H-1B or E-3 NIV Petitions, the PERM/Labor Certification process requires the employer to list one main work location.

However, sometimes (and this is often the case with Information Technology or Engineering Companies assigning employees to client sites across the state or nationally), the employer may not know at the time of PERM pre-filing and filing steps, the location (for example the client site) to which the employee will be assigned year(s) from now when the PERM is certified and the Form I-140 priority date becomes current.

In such instances, the PERM employer should likely list their headquarters as the main PERM work location, and add something along the lines of the following statement in the PERM PWR and pre-filing Recruitment Steps: "Roving Position. Must be willing to relocate and/or travel to unanticipated client sites within *(state, US etc.)."

Reprinted with permission.

About The Author

Dino Palangic is the founder of Faveo Paralegals which provides per-case, flat-fee immigration paralegal services to law firms and in-house legal departments of corporations across the United States. They are U.S. based and available via email, phone, or Skype. Their staff previously worked for top U.S. national law firms and in-house departments of major Fortune 500 Corporations. Their paralegals adhere to the highest ethical and professional standards set for paralegals by the American Bar Association.

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