Steel & Glassman, P.C.
  • Home
  • Immigration News
  • About Us
  • Our Attorneys
    • Richard D. Steel
    • Jayson Glassman
  • Contact Us
  • Useful Links

USCIS Issues Final Guidance on H-1B Worksite Changes With New Filing Deadline

7/23/2015

 
We previously informed our readers and clients of the changing obligations on H-1B employers who relocate their H-1B workers to new worksites.  This week, USCIS revised and reissued its policy guidance on how employers must handle H-1B worksite changes, and also extended until January 15, 2016, the “safe harbor” period for notifying of changes that have already occurred.

As background, on April 9, 2015, the USCIS Administrative Appeals Office (AAO) decided that the change of an H-1B worker’s worksite that requires the employer to obtain a new Labor Condition Application (LCA) is a “material change” in the terms of employment that requires the employer to amend the worker’s existing H-1B petition.  Following this decision, USCIS issued an interim policy memo that required amended petitions for workers who had changed work locations before May 21, 2015, to be filed no later than August 19, 2015.

On July 21, 2015, USCIS issued a revised and final policy memo detailing employer responsibilities related to H-1B worksite changes.  The memo requires an H-1B employer to take certain actions depending on when the H-1B worksite changed or will change:

  • Change On or Before April 9, 2015 – If the H-1B worksite changed on or before April 9, 2015, the employer may choose to file an amended petition before January 15, 2016.  If the employer does not file a new petition, USCIS will generally not take any new adverse action, such as revocation of the current petition or denial of an extension, due to the failure to file an amendment.  However, USCIS will continue to pursue any adverse actions commenced prior to July 21, 2015.
  • Change Between April 9 and August 18, 2015 – If the H-1B worksite changes between April 9 and August 18, 2015, the employer must file an amended petition before January 15, 2016.  If the employer does not file an amended petition within this “safe harbor” period, the employer will be out of compliance with the H-1B regulations, which could result in revocation of the current petition among other penalties for noncompliance.  In addition, the H-1B worker will not be maintaining lawful immigration status and will be subject to adverse action.
  • Change On or After August 19, 2015 – If the H-1B worksite changes on or after August 19, 2015, the employer must file an amended petition BEFORE the H-1B worker starts working at the new worksite.  Again, failure to file the required amendment will subject the employer to penalties for non-compliance with the H-1B regulations and, critically, will result in the worker being in out of lawful H-1B status and subject to adverse action, such as denial of a subsequent request for change of status or extension of stay or, in the worst case, removal from the United States.



We strongly suggest that employers carefully review the current work locations for their H-1B workers for any discrepancies between the work location(s) listed on the LCA/H-1B petition and the actual work location.


In addition, because amended petitions must be filed before the worker starts at the new location, it is critical that employers identify potential work location changes as far as possible in advance of the change.  Due to LCA processing times, it takes a minimum of seven business days to prepare and file an H-1B petition, and this time must be taken into account when determining the worker’s start date at the new location

As always, please contact us with any questions.

Comments are closed.

    News and Updates

    Immigration law news and updates from the attorneys at Steel & Glassman

    Archives

    January 2018
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015

    Categories

    All
    B 1
    B-1
    Canada
    Citizenship
    DACA
    DAPA
    Diversity Visa
    DV Lottery
    E 1
    E-1
    E 2
    E-2
    E 3
    E-3
    EAD
    EB-1
    EB-2
    Employment Authorization
    Employment Verification
    Entrepreneur
    ESTA
    F 1
    F-1
    Federal Government Shutdown
    Filing Fees
    Green Card
    H 1B
    H-1B
    H-1B1
    H 4
    H-4
    I 9
    I-9
    Inadmissibility
    Investor
    L 1
    L-1
    LCA
    NAFTA
    Naturalization
    O 1
    O-1
    Parole
    Premium Processing
    Priority Dates
    STEM
    TN
    Travel Ban
    USCIS
    Visa Bulletin
    Visas
    Work Permit

    RSS Feed

Proudly powered by Weebly
  • Home
  • Immigration News
  • About Us
  • Our Attorneys
    • Richard D. Steel
    • Jayson Glassman
  • Contact Us
  • Useful Links