September 21, 2015

USCIS always required filing a new Labor Certification Application (LCA) and an amended H-1B petition for any material changes with respect to the initial H-1B petition. On July 21, 2015, USCIS issued guidance on H-1B worksite location changes, and expanded the definition of ‘material change’ to include long term worksite location changes. An employer must file an H-1B amendment application when two criteria is met: (1) the new location is outside of the metropolitan statistical area (MSA) and (2) the H-1B worker will work at the new location for more than 30 days. 

Filing an H-1B amendment requires filing of a new LCA, new filing fees and a new H-1B application with USCIS. On the bright side, the applicant does not have to wait for the approval notice in order to start working at the new location. The applicant may change his/her worksite location upon receiving the H-1B receipt notice.

 

Remzi Guvenc Kulen, Esq.

Kulen Law Firm P.C.