Legal Question in Immigration Law in Michigan

Employment based Green Card

Employer based in MI did recruitment for filing PERM labor certification for its consultant. Just a week before the employer was scheduled to file the PERM application with the DOL, employer notified that it will move its head office (the only office for all business operations) to a different State.

Since employer is moving to another State there will no job in the MI address and the new job location would be employer's new address in different state. The PERM recruitment was for job location at its office in MI.

Can employer still apply for PERM or does he have to start recruitment all over again for his new location?

What will happen if PERM has been filed and employer moves a few months later?

What are the different ways (if any) to address this issue?

Thanks for your assistance.


Asked on 5/11/09, 1:34 pm

2 Answers from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Employment based Green Card

Dear Inquirer:

The Employer must obtain a prevailing wage determination (PWD) from the State Workforce Agency in any PERM case to test the local labor market. Since the job opportunity has moved to another state, a new PWD would have to be obtained and any recruitment done locally would most likely no longer be valid.

Please email us at [email protected] or visit our website at www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 5/11/09, 1:49 pm
Tsui Yee Yee & Durkin, LLP

Re: Employment based Green Card

The employer will have to do advertising all over again. If the PERM has been filed and employer then moves to a different state, the recruitment would have to be done again and a new PERM application will have to be filed.

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Answered on 5/11/09, 4:02 pm


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