In a significant development that affects all H-1B employers and H-1B workers, USCIS has issued final guidance detailing when an amended H1B petition is required to be filed due to a H1B address change.
Eliminating uncertainty surrounding the requirement of filing an H1B Amended Petition whenever there is an H1B work location change, USCIS has issued final guidance on when to file an amended or new H1B petition.
An H1B employer must file an amended or new H1B petition whenever a new Labor Condition Application (LCA) is required due to an H1B location change.
For the benefit of H1B employers and H1B workers, we present here:
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The final guidance specifies actions that H1B employers must take:
The H1B employer must file an amended or new petition before an H1B employee starts working at a new place of employment not covered by an existing, approved H1B petition. Failure to file an amended or new petition for changes in location occurring after this date may result in adverse actions against the employer and the employee, up to and including revocation of the H1B.
The employee may begin working at the new location once the amended or new petition is filed and does not need to wait for petition approval.
The petitioner must file an amended or new petition by January 15, 2016.
If the petitioner does not file the amended or new petition within the time permitted,
If an H1B employer has received a notice of intent to revoke a petition and the response period has not ended, filing an amended or new petition now and providing evidence of that filing prior to the response deadline may avert a revocation.
H1B Employers may choose to file an amended or new petition by January 15, 2016.
If an H1B employee moved to a new area of employment not covered by an existing, approved H1B petition on or before April 9, 2015, USCIS will generally not pursue new adverse actions solely based upon a failure to file an amended or new petition regarding that move.
NOTE: Employers must note, however, that such discretion of not pursuing adverse actions remains with USCIS, and it is therefore advisable that an amended or new H1B petition be filed in such cases as well to avoid exposure to undesirable consequences in future.
If an H1B employer does not file the amended or new petition by January 15, 2016 in cases that do not require an amended or new petition, USCIS will generally not pursue revocations or denials based upon failure to file an amended or new petition. However, notices of intent to revoke, revocations, requests for evidence, notices of intent to deny, or denials issued prior to July 21, 2015 will remain in effect and the employer must comply with them.
H1B Address Change: Your Next Steps
Contact VisaPro if you need assistance in filing an H-1B Amended Petition, or need assistance in evaluating the need for filing an H-1B Amended Petition in your situation. Our experienced immigration attorneys will be happy to help you.
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