I-140 RFE Pertaining to Employer's Change in Location

In a case dating back to 2001, Petitioner eventually moved his office to a location greater than 50 miles from the address of the original office listed on the Form ETA-750. In 2008, USCIS issued an RFE requesting Petitioner to submit evidence showing that the new location is still within the same metropolitan statistical area (SMSA) as the original location. While Government Data and distance may suggest the two locations are not within the same SMSA, we created a new and original argument enabling the Petitioner to obtain I-140 approval.