In a recent development, the United States is set to formalize the requirement of filing an amended petition in cases where H-1B visa holders change their workplace location.
This change is a direct response to a prior ruling by the US Court, reinforcing the obligation for sponsoring employers to submit an amended H-1B petition to the US Citizenship and Immigration Services (USCIS) when their foreign employees relocate within the United States.
It is important to note here that in July 2015, the USCIS issued a policy memorandum mandating an amended H-1B petition for H-1B workers relocating domestically. This policy faced legal challenges, but the courts upheld the requirement.
New Requirements and Consequences
Under the newly proposed changes, employers will now be required to submit a new Labour Condition Application (LCA) and a new H-1B petition before any location change takes place.
Failure to comply with this new regulation may result in H-1B workers being deemed in violation of their visa status. It’s important to note that these changes will also lead to additional costs for sponsoring employers.
Exceptions for Same Area Relocations
However, it’s worth mentioning that if the change in job location occurs within the same area of intended employment, the requirement for an amended petition does not apply.
These changes are primarily aimed at ensuring compliance with the H-1B visa program, particularly with regard to the employment locations of visa holders.
Purpose & Implications
These changes aim to enhance compliance with the H-1B visa program, particularly regarding the employment locations of visa holders. The new requirement will add to the administrative burden and costs for sponsoring employers.
The amended petition requirement for relocating H-1B workers is intended to strengthen compliance with the H-1B visa program. However, it raises concerns about administrative burdens and potential legal issues for both employers and H-1B workers.