United States to make amended H-1Bs mandatory for employees moving from one job site to another
H-1B visa system, the United States will also codify the requirement of an amended petition in case of a change in the H-1B worker's workplace.
This move comes after a prior ruling from the US Court of Appeals in the District of Columbia, reiterating the need for sponsoring employers to submit an amended H-1B petition to the US Citizenship and Immigration Services (USCIS) when a foreign employee relocates within the United States.
In July 2015, the USCIS issued a policy memorandum, based on a decision by the Administrative Appeals Office in a specific case. According to the memorandum, a foreign employee's relocation from one domestic location to another constituted a 'material change' and demanded the submission of an amended H-1B visa application. This policy faced legal challenges, but the courts upheld the requirement.
The newly proposed changes will formalize this obligation. Now, employers will need to submit a new Labour Condition Application (LCA) and a new H-1B petition before the location change occurs. Failing to do so may lead to the H-1B worker being considered in violation of their visa status. It's essential to be aware that these changes will result in additional costs for the sponsoring employer.
However, when the job location change happens within the same area of intended employment, this requirement does not apply. These changes aim to ensure compliance with the H-1B visa program, particularly regarding the employment locations of visa holders.
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