Urgent Please Help with Info- Labor Certification Process

vrock21

New Member
My Company has its headquarters in Texas but has office's in Georgia. I want to know if it is possible to file the Labor Certification application in Georgia even though I work in Texas. In case it is possible to file in Georgia, is it necessary at any point of time that I work in GA.? If any of you have filed your LC application in a different state and worked in a different state could you let me know?
 
LC has to be filed in a state where the intended job will be located. If the offered job is in texas, you will have to file in texas.
LC requires clearance from state employment development agency before it goes to federal DOL.
 
Yes it is possible with some tricks. As GC is for a future job, you can process the GC through Georgia. once you get your GC, you may have to move to Georgia for a while (around 6months-1year), and then probably get yourself transferred back to Texas.
Secondly, though this is a new fad, and not many have tried it yet, you can use the AC21 portability law to move your application benifit to Texas after about 180days in the 3rd stage of GC process. Talk to your lawyer about this option.

001
Originally posted by vrock21
My Company has its headquarters in Texas but has office's in Georgia. I want to know if it is possible to file the Labor Certification application in Georgia even though I work in Texas. In case it is possible to file in Georgia, is it necessary at any point of time that I work in GA.? If any of you have filed your LC application in a different state and worked in a different state could you let me know?
 
Re: Re: Urgent Please Help with Info- Labor Certification Process

Originally posted by lca_001
Yes it is possible with some tricks. As GC is for a future job, you can process the GC through Georgia. once you get your GC, you may have to move to Georgia for a while (around 6months-1year), and then probably get yourself transferred back to Texas.
Secondly, though this is a new fad, and not many have tried it yet, you can use the AC21 portability law to move your application benifit to Texas after about 180days in the 3rd stage of GC process. Talk to your lawyer about this option.

001
This would require the employer to come up with a fictitious position in Georgia. Smells of dishonesty.
 
Re: Re: Re: Urgent Please Help with Info- Labor Certification Process

The position should not be fictitious, it should be a real one, with all AD requirements having been performed (and honest recruitment effort). It is an option, which one can pursue - with honesty, and without any intent to defraud. At every stage of filing you need to have the intent to move and work in Georgia. But if you use Georgia just to get a fast GC, and move out immediately, then of course, it reeks of dishonesty - and INS can revoke the GC.

001
Originally posted by nkm-oct23
This would require the employer to come up with a fictitious position in Georgia. Smells of dishonesty.
 
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