This condition does not apply if the job location change occurs within the same region of anticipated employment. These adjustments are intended to assure compliance with the H-1B visa program, notably in terms of visa holders’ job locations.
The United States will formalize the necessity of an updated petition in the event of a change in the H-1B worker’s employment as part of the recent modifications suggested for the H-1B visa system.
This action follows a previous opinion by the US Court of Appeals for the District of Columbia, which reaffirmed the requirement for sponsoring businesses to file an updated H-1B petition with US Citizenship and Immigration Services (USCIS) when a foreign employee relocates inside the United States.
Based on an Administrative Appeals Office ruling in a specific instance, the USCIS published a policy memorandum in July 2015. The advisory stated that relocating a foreign employee from one domestic site to another constituted a material change,’ necessitating the filing of a revised H-1B visa application. This policy was challenged in court, but the requirement was maintained.
This responsibility will be formalized by the newly proposed modifications. Employers must now submit a new Labour Condition Application (LCA) and a new H-1B petition before the location change takes effect. Failure to do so may result in the H-1B worker’s visa status being regarded as a violation. It is critical to understand that these modifications will incur additional expenditures for the sponsoring organization.
This condition does not apply when the job location change occurs within the same region of anticipated employment. These adjustments are intended to assure compliance with the H-1B visa program, notably in terms of visa holders’ job locations.
“This policy has increased the burdens and costs on employers relating to the filing of an amended H-1B petition,” said Cyrus D. Mehta, a New York-based immigration attorney. “It is unfortunate that the appeals court did not reverse the policy.” If the updated H-1B petition is not filed before the relocation to the new worksite, H-1B workers may be in breach of their visa status.