Imagility News

Employees moving to a new job site in the U.S. will now need updated H-1B visas

In the latest developments concerning H-1B visa regulations, the United States is poised to formalize the requirement for an amended petition when an H-1B worker changes their workplace. This decision follows a recent ruling by the US Court of Appeals in the District of Columbia, emphasizing the necessity for employers to submit an amended H-1B petition to the US Citizenship and Immigration Services (USCIS) in cases of domestic relocation by foreign employees.

The proposed changes mandate employers to file a new Labour Condition Application (LCA) and a fresh H-1B petition prior to any change in the worker’s location. Failure to comply with this requirement could result in the H-1B worker being deemed in violation of their visa status. It’s crucial for sponsoring employers to be aware that these modifications will entail additional costs.

However, the amended petition obligation does not apply when the job location change occurs within the same intended employment area. These adjustments are designed to enhance compliance with the H-1B visa program, specifically focusing on the employment locations of visa holders. Cyrus D Mehta, an immigration attorney based in New York, noted, “This policy has increased the burdens and costs on employers relating to the filing of an amended H-1B petition, and it is unfortunate that the appeals court did not reverse the policy. If the amended H-1B petition is not filed prior to the move to the new worksite, H-1B workers may be considered to be in violation of their visa status.

Source: Economictimes