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IMMIGRATION APRIL 05, 2024 | The Indian Eye 45

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at unanticipated locations under the the employer regarding the antici- once or twice a year or more (do not wage have added even more com-
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Barbara Farmer Memo? How will pated frequency of relocation. One indicate “occasional travel” as that is plexity as well as confusion to the
the ability to work at unanticipated example is as follows: subjective) process. The authors only provide
worksites get captured in the Form Must be willing to relocate and What is the nature of the travel? suggested responses to RFIs and
9089? Answering “No” may avoid work anywhere in the US. Travel in Is it for meetings or is it for the perfor- how to complete the travel section
an RFI regarding travel. However, the context of relocation may be re- mance of the duties of the position? in Form 9141 and related sections in
the information in the Form 9089 quired at least once or twice a year If the employer does not answer Form 9089. They do not provide any
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must also match with the informa- based on clients’ needs. the RFI with such specificity, the assurances that DOL will agree with
tion provided in the advertisements, Ms. Baldwin did however em- Form 9141 issuance will get further these suggested responses.
which requires that the job applicant phasize that when responding to the delayed. *Kaitlyn Box is a Senior Associate at

be willing to relocate and work any- RFI regarding travel, the employer The labor certification process Cyrus D. Mehta & Partners PLLC.
where in the US. must specify: has been both exacting and mad-
One way of ensuring that the Whether travel is local or inter- deningly complex. The recent trend [This blog is only for informational
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need to relocate to unanticipated national of RFIs being issued in the context purposes and should not be relied upon
worksites gets into Form 9089 is How frequent is the travel? – of travel to determine the prevailing as a substitute for legal advice].
to answer “Yes” to Fb.1. in Form _________________________________________________________________________________________________________
9089 – Will work be performed in
geographic areas other than the one Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus
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identified in Section F as above? D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task
Then answer F.c. – Other Definable Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics Committee; special counsel on immigration matters
Geographic Area(s) – by stating to the Departmental Disciplinary Committee, Appellate Division, First Department, New York; member of the ABA
“Various worksites such as the Com- Commission on Immigration; board member of Volunteers for Legal Services and board member of New York Immi-
pany Headquarter [insert address]
and other unanticipated locations in gration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration Council and
the US.” This further demonstrates former chair of the Committee on Immigration and Nationality Law of the New York City Bar Association. He is a
that Form 9141 and Form 9089 are frequent speaker and writer on various immigration-related issues, including on ethics, and is also an adjunct profes-
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siblings and not twins. sor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
In order to answer the RFI and the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA
also answer F.d.3.a on Form 9141 to 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immi-
avoid a future RFI another suggest-
ed response from the employer may gration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked
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include answering positively to the among the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019
travel question after consulting with and is also ranked in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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