Green Card out of state

[moniaandrzej]

Questions related to DOL:

Can the company in California file for a labor certification out of state where the alien is living and working for instance in Delaware state if there is no branch of that company in that state?

Can the company residing in California open a branch in Delaware State and send there employee aliens just to faster get a green card?

Does the Delaware branch have to prove an economical activity in Delaware by having orders from Delaware corporations or it can be any activity (orders) from any other state for instance the branch will be paid by New York corp.?

 

[lca_001]

If the branch is just opened for purposes of GC processing, it is immigration fraud. If the office is opened, it should have valid business (you cant rent a garage and say you have a presense there - well you may, but you still need to follow all hiring practices). If for example it states you will be developing software, you should be developing software - and your company should run local ads etc, stating that so-and-so positions are being recruited (all of this should be honest, and not a blindfold for USCIS), only after that, can the company apply for your GC.

001

Originally posted by moniaandrzej
Questions related to DOL:

Can the company in California file for a labor certification out of state where the alien is living and working for instance in Delaware state if there is no branch of that company in that state?

Can the company residing in California open a branch in Delaware State and send there employee aliens just to faster get a green card?

Does the Delaware branch have to prove an economical activity in Delaware by having orders from Delaware corporations or it can be any activity (orders) from any other state for instance the branch will be paid by New York corp.?