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My LC and my worksite

Questions about your Labor Certification and your assigned worksite

T
Written by Tech Owner (internal use only)
Updated over a year ago

Why is BDV / my sponsor asking me to work at a different location from my LC worksite?

The location listed on the Labor Certification was an anchor store for the Sponsor.

However, business needs may have changed since your LC was completed.

Your Sponsor’s needs may change from when the LC is filed to when you receive your work authorization and are ready to start work.


Your waiting period is anywhere from 1.5-3 years, so your sponsor's business needs and locations often change during this time.

As advised by our in-house immigration attorney, you can work for your employer in the same role but at a different location, as long as the new location is within the same commuting distance (known as a “Metropolitan Statistical Area" - MSA) from the original location. This MSA can be 60-90 miles from the address on your LC.

In other words, changing to a different work location that is still within the same commuting area will not negatively impact your green card application. You will not have to restart your green card application.

Your Sponsor may not currently have an available position at the original location listed on the LC. Therefore, in order to be sponsored for your Green Card, you will need to accept a nearby worksite provided to you.

But isn't this a breach of contract and violation of my LC?

No, this is not a breach of contract. Under immigration law, if business needs have changed, your Sponsor can offer you an alternative placement at a nearby location that is within commuting distance (same MSA) from the original location. The Sponsor wants to support you, but their business requires some flexibility from you because of how long it can take for workers to obtain work authorization.

If your sponsor requests you to work at a worksite that is outside of your MSA, they will go through the porting process with your attorney (see this article for more details on porting).

If you refuse to work at the assigned new location based on business need, your Sponsor has the right to withdraw your immigration sponsorship.

Please let us know if you have any questions about this. We are here to help you start work successfully.

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