June 09, 2015

Administrative Appeals Office (AAO) found that a new H-1B filing is required when the employee will work at a different location than the one specified in the original H-1B filing. This means that the mere filing of a new LCA will not be sufficient for worksite changes. AAO indicated that there was a material change in the beneficiary’s authorized place of employment to geographic areas not covered by the original LCA and that an amended or new H-1B petition was required.


If the petitioner knows that the beneficiary will be performing services in more than one location, the petitioner must submit an itinerary with the petition listing the dates and locations during the initial filing. 


Without a doubt, this decision will have the greatest impact on IT sourcing companies, as they are more likely to employ individuals who work at various client-specific locations throughout the term of their H-1B stay, which were unidentified or unknown when the H-1B petition was first filed