PERM application and remote work


nightshade

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Posted
I am on an H1B (6th year) and work full-time for an employer out of my home-office (since they don't have an office in the location that I work at). Upon filing for PERM, I'd ideally want to list my home address as the primary work location (as we'd done in the LCA for the H1-B). I had the following questions. 

  1. Is it even possible to file a successful PERM application in a remote home-office scenario? 
  2. What are the chances of the PERM getting audited? Is there anything we should be mindful of with our application that would help minimize this? 
  3. If we list the primary work location as my employer's main office on the PERM, could I move there at a later date? If so, at what stage in the GC process would I need to do this? 
Any info regarding the above would really help me decide on a course of action related to either relocating, or potentially looking for a local employer. 

 

Thanks in advance for your help.

Posted

It is possible to file PERM with remote work location. However, chances are high that it'd be selected for Audit. Considering that there is no location constraint, DOL would like to double-check that no American workers for disqualified unreasonably. However, if the employer can provide sufficient supporting documents regd the recruitment, it'd eventually be approved if no other issues are found.

 

The key here is, to make sure the PERM is filed 1 yr before the H1 max out so that you can continue to work if it's audited.

 

BTW, my wife's case is very similar. Her PERM with remote location has been selected for Audit asking for recruitment documents. Though we tried to get the PERM filed 1 yr before H1 max out, it didn't happen because of the activities involved with the filing (job order, ads, PWD, interviews etc). Now, she either needs to go on H4 or go out of country.

 

If you list the employer's main office on the PERM, my understanding is that you'd have to move there after you get the GC (i.e. after getting the physical card). I may be wrong, so please confirm with someother folks.

 

Hope it helps.

  • 1 year later...
Posted

It is possible to file PERM with remote work location. However, chances are high that it'd be selected for Audit. Considering that there is no location constraint, DOL would like to double-check that no American workers for disqualified unreasonably. However, if the employer can provide sufficient supporting documents regd the recruitment, it'd eventually be approved if no other issues are found.

 

The key here is, to make sure the PERM is filed 1 yr before the H1 max out so that you can continue to work if it's audited.

 

BTW, my wife's case is very similar. Her PERM with remote location has been selected for Audit asking for recruitment documents. Though we tried to get the PERM filed 1 yr before H1 max out, it didn't happen because of the activities involved with the filing (job order, ads, PWD, interviews etc). Now, she either needs to go on H4 or go out of country.

 

If you list the employer's main office on the PERM, my understanding is that you'd have to move there after you get the GC (i.e. after getting the physical card). I may be wrong, so please confirm with someother folks.

 

Hope it helps.

Hello,  Can you update the status on your Perm. I am in the same sittuation and would appreciate your input.

  • 1 month later...
Posted

@dpk123, My company's lawyer was okay with filing PERM for my home office location, but I ended up filing the PERM with the employer's main office location (and not my home office). This simplifies the recruitment process, and I'd basically have to move to my employer's main office location for some time after the I-485 gets approved (I'm okay with doing that). What I'm not clear on is whether I'd need to move when my PD becomes current and I file my I-485. Would I need to work 180 days for my employer from the location stated in the PERM to avail of AC21? Or can I continue working from my home office for that 180 day period?

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