Question details
Recently, DOL has begun to issue audits with the following language: “The foreign worker listed on the ETA 9089 resides in [residence location], section H of the 9089 provides [work location] as the worksite. Has DOL explained how the foreign worker performs the job duties of the job opportunity given the distance between [residence location] and [work location].Is the employee permitted and/or expected to perform the duties of the job opportunity listed on ETA 9089 from his residence and/or his place of choosing?” In many cases, the two locations are quite close and are clearly within a normal commuting distance (e.g. Atlanta and Marietta,
Georgia – distance approximately 20 miles; Palisades Park and Parsippany, New Jersey – distance approximately 30 miles). In one case, the work and residence locations were less than two miles apart. Has DOL considered conducting an initial review of the distance between the residence location and work location before issuing the audit?
DOL indicates that this kind of question on an audit where the work location and residence location are close together is likely a training issue. DOL does, however, believe that it is appropriate to inquire about this kind of issue where it is unclear why the residential address and the work address are far apart from one another, and does issue audits on that basis where appropriate.
We got our Green Card approved on May 6th. I want to take this opportunity to thank Mr. Khanna and his staff.
My Green card processing took more than 3 years and through out the process, Mr. Khanna's office was very helpful. I had a lot of questions along the way and they were prompt and precise to all my queries.
The whole process was like a marathon run. Vijay Durgam helped us get started with the process. He did a thorough evaluation of my case and filed for the labor certification. We were very optimistic and enthusiastic on filing for the labor certification. Then we hit the middle phase of the marathon where the labor certification seemed to take forever. Mathew Chacko helped us during the dull pessimistic days. He kept our hopes going and encouraged us till we hit the home stretch. Finally we got our labor approved and filed for 140/485. Prerna was very helpful and was impeccable with the documentation. The last leg was a sprint and we got the 485 approval in less than 3 months.
Special thanks to Vijay Durgam, Mathew Chacko and Ms. Prerna Mehta.