Recently, DOL has begun to issue audits with the following language: “The foreign worker listed on the ETA 9089 resides in [residence location], section H of the 9089 provides [work location] as the worksite. Has DOL explained how the foreign worker performs the job duties of the job opportunity given the distance between [residence location] and [work location].Is the employee permitted and/or expected to perform the duties of the job opportunity listed on ETA 9089 from his residence and/or his place of choosing?” In many cases, the two locations are quite close and are clearly within a normal commuting distance (e.g. Atlanta and Marietta, Georgia – distance approximately 20 miles; Palisades Park and Parsippany, New Jersey – distance approximately 30 miles). In one case, the work and residence locations were less than two miles apart. Has DOL considered conducting an initial review of the distance between the residence location and work location before issuing the audit?
DOL indicates that this kind of question on an audit where the work location and residence location are close together is likely a training issue. DOL does, however, believe that it is appropriate to inquire about this kind of issue where it is unclear why the residential address and the work address are far apart from one another, and does issue audits on that basis where appropriate.