At Kriezelman Burton & Associates, LLC, we have guided employers through employment immigration compliance issues and concerns since 1974. One of the most commonly asked-about visas is the H-1B, and worksite changes are among the most commonly misunderstood H-1B issues. When is an amendment needed, and what are the requirements for doing so?
It is important to know that not every worksite move triggers the same requirements. The answer depends on:
H-1B visas are location-specific; their approval hinges in part on a certified Labor Condition Application (LCA) based on a particular area’s prevailing wage. Therefore, a change in work location can impact visa terms. A move within the same area of intended employment covered by the approved LCA generally does not require a new LCA. Employers may move H-1B workers to previously unintended worksite locations within that same area without filing a new LCA, provided the existing LCA remains valid.
A move outside the already-covered area of intended employment, however, is a different matter. That type of relocation typically requires a new LCA and may also require an amended H-1B petition filed with U.S. Citizenship and Immigration Services (USCIS).
A location change is not the only compliance trigger. If the move involves a material change in the terms and conditions of employment, such as a change in job duties, salary, or work hours, the employer may need to file an amended petition with USCIS regardless of geography.
Common examples of material changes include:
If moving to a new worksite outside the original area of employment in the LCA, employers must file a new LCA for the relevant location and may need to file an amended H-1B as well. In contrast, employers moving an H-1B worker to a new worksite location within the same area of intended employment must:
Failing to meet these filing or posting requirements can expose employers to audits and penalties.
Taking a proactive approach protects both the employer and the H-1B worker. Before any worksite change takes effect, employers should:
If there is any doubt about whether an amended petition or new LCA is needed, consult an immigration attorney for legal guidance for your specific situation. Unintentionally missing a required step in the H-1B process can be problematic for you and your employee.
H-1B compliance involves a lot of moving parts. The rules governing worksite changes involve multiple overlapping requirements from both the DOL and USCIS, and any errors can affect both employers and their employees.
At Kriezelman Burton & Associates, LLC, our employment immigration attorneys help businesses and their workers across the United States navigate H-1B compliance with confidence. To discuss a worksite change or any other H-1B questions, contact our office to schedule a consultation.
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