U.S. Citizenship and Immigration Services (USCIS) released final assistance with a current Administrative Appeals Office (AAO) decision requiring amended or new H-1B petitions for workers who change project sites. These needs still only affect H-1B workers who proceed to a website outdoors the “area of intended employment” that the initial petition on their own account was filed. “Area of intended employment” may be the area within normal commuting distance from the worksite in which the H-1B is utilized.
Assistance with what employers are needed to complete depends upon the date from the employee’s move, that are attracted in the publication dates from the Simeio situation and issuance of USCIS policy memos. All changes described here are for changes instead of employment that need certification of the new Labor Conditions Application (LCA). These actions could be split up into three groups by date:
Though employers aren’t needed to file for an amended or new petition when the employee’s worksite altered on or before April 9, 2015, they might want to achieve this to inspire non-interference by USCIS. All changes instead of employment that happened after April 9, 2015 and wish certification of the new LCA MUST file an amended or new petition.