What's New in the World of Immigration?

12/02/2015 - Filing a NEW or AMENDED H-1B based on Change of Employment Location

USCIS now requires employers to file a NEW or AMENDED H-1B petition when an employee's place of employment changes to a different geographical area. (AAO's Matter of Simeio Solutions, LLC). The new filing must also include a certified LCA 9035 to reflect the change.

"Place of Employment" is defined as the worksite or physical location where the work is actually performed by the H-1B employee.

"Geographical Area" means the area within normal commuting distance of the place of employment or within the same Metropolitan Statistical Area (available at http://www.bls.gov/oes/current/msa_def.htm).

The good news is that once the petition is filed, the H-1B employee can immediately begin to work at the new location. The petitioner does not have to wait for a final decision on the amended or new petition.

This DOES NOT APPLY to:

 Movement of an employee's place of employment within the same geographical area;

 Short-term placements of up to 30 days, or in some cases up to 60 days (where the employee is still based at the "home" worksite) or less, provided certain provisions of 20 CFR 655.735 are met; or

 "Non-worksite" locations. A location is considered a non-worksite if the employee is attending training or a conference, the employee spends little time at any one location, or the job involves short periods of travel to other locations on a casual short term basis.

If you are unsure of whether a new petition is required, please contact an Immigration Attorney to discuss the details of your situation.