IMMIGRATION LAW WEEKLY

September 23, 1996

I have filed for a Green Card through my employer and am currently on a H1B Visa. Since starting the Green Card process I have moved residence between 2 states. My Company is in Michigan and hence Labor is from MI whereas I am now in North Carolina and hence filed I-485 in NC. What are the various reasons which the INS can give for rejecting a I-485 petition.

Labor certifications are only good for the area of intended employment stated on the certification . The new location must be within the area of intended employment for which the certification was already granted.

The new location falls within this definition if it is within the normal commuting distance from the original address of intended employment. If the place of intended employment is within a metropolitan statistical area (MSA), any place within the MSA is considered to be within the normal commuting distance.

If the place of intended employment is not within commuting distance of the original address of intended employment, you will need a new labor certification. This will not only affect your adjustment application but also your petition approval.

Since you obtained your labor certification on the basis that you would be working in Michigan but are now working in North Carolina, I suspect that you are no longer within commuting distance of the area of intended employment stated on the labor certification. Based on what you have told me, you may require a new labor certification and your employer may also have to file an amended I-140. You would maintain your old priority date if a new certification was required.