Do You Need a New PERM When Your Employer Relocates?
Do You Need a New PERM When Your Employer Relocates?
A Reddit poster asked whether a PERM labor certification approved for a job in Los Angeles County remains valid after the company moved to Orange County. Location matters because PERM recruitment is tied to the area of intended employment under 20 C.F.R. § 656.17. Moving across county boundaries can trigger the need for a new filing, but not always. Here is how to analyze your case.
Understand the Area of Intended Employment
- The Department of Labor (DOL) defines an area of intended employment as the normal commuting distance for the offered position. Two addresses within the same metropolitan statistical area (MSA) often count as one area.
- Los Angeles County and Orange County are separate counties but are part of the same broader Los Angeles-Long Beach-Anaheim metro region. In many cases, that still qualifies as the same area of intended employment because thousands of workers commute between the two.
- If the new worksite is outside commuting range (for example, moving from LA to San Diego), a new PERM is usually required.
Does the Original PERM Still Reflect the Job?
Ask these questions:
- Job Duties: Did responsibilities, seniority level, or required skills change? Material changes require a new PERM regardless of location.
- Worksite Language: Did the ETA 9089 specify a worksite or include telecommuting provisions? If the form said "various client sites," a relocation may already be covered.
- Prevailing Wage: Compare the old prevailing wage determination to the wage level for the new county. If the wage is higher in Orange County, the company must still pay at least that amount when the employee becomes a permanent resident.
Impact on I-140 and Adjustment of Status
- Once the I-140 is approved, the offer becomes portability-eligible under INA § 204(j) after the I-485 has been pending 180 days. However, the new position must be the same or similar occupational classification.
- Before filing adjustment, USCIS can issue an RFE if the worksite changed significantly. Provide evidence that the new office is within the same commuting area and that the job remains the same.
- If the move occurred before filing Form I-140, best practice is to submit a new PERM reflecting the new address even if the commute is arguable. USCIS examinations of corporate restructuring have increased in 2025.
Strategies to Stay on Track
- Document commuting patterns: Provide maps or employer affidavits showing that employees regularly travel between the two counties.
- Update corporate records: Ensure the company’s FEIN, business license, and payroll documents list the true address when responding to RFEs.
- Consider a short-term placement: DOL regulations allow temporary placements outside the area for up to 10 days per traveler (20 C.F.R. § 655.735). Use this if the move is phased.
- Plan for future filings: If there is any chance of an additional relocation, draft the job description to include the possibility of working at other offices within the metro area or at telework sites.
When a New PERM Is Unavoidable
- The metro area changed entirely (e.g., LA to Phoenix).
- Job duties were upgraded (e.g., engineer to manager) or new minimum requirements were added.
- The employee now works remotely from a different state on a permanent basis.
- DOL audited the case and asked for onsite evidence that no longer exists.
If a new PERM is required, the priority date will reset unless the employer files under successor-in-interest rules or unless they use an approved I-140 to recapture the earlier date under 8 C.F.R. § 204.5(e).
Practical Tips for Employees
- Keep copies of the certified ETA 9089, I-140 approval notice, and prevailing wage determination.
- Track your priority date and plan I-485 filing as soon as the Visa Bulletin allows.
- Communicate with HR: Confirm whether they disclosed the new job location to the company’s immigration counsel.
- Maintain lawful status in the meantime (H-1B, L-1, etc.) to avoid gaps while paperwork is re-filed.
About This Post
This analysis was inspired by a public discussion on Reddit: https://reddit.com/r/immigration/comments/1p6rll8/do_i_need_to_redo_perm_if_my_company_moved_from/
Immigration law is complex and constantly evolving. While this post provides general information based on current law and policy, every situation is unique.
This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.