Transferring within company after Labor Certification


pijipaisaab

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Hello, I am going through my GC process and have just cleared my labor. I am planning to transfer within the company to a different location. My company will be the same, responsibilities will be the same and title will (most likely) be the same. The only thing that will change is the location where I work (changing cities). Could one of you please let me know how this will affect my GC process? Will I have to undergo the labor certification again?

Thanks in advance for your input!

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The answer to your question depends on how the labor was filed. If the labor certification was prepared and filed for a position that requires travel to various unanticipated locations, then another labor certification may not be necessary. Also, if the labor was prepared for a future job (i.e., different from your current job) and you will return to the worksite listed in the approved labor upon approval of the green card, another 9089 form may not be needed. Otherwise, a new labor may be required to test the labor market in the new geographic location.

You and your employer should have an immigration attorney review the certified labor to determine whether another labor is needed.

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