Employee's Relocation -- File a New Labor Condition Application?
I am in H1B visa for the second year. I recently related to a new client's site, so I need to let the USCIS know my new working location? If not, is there any problem for my status? Do I need to file a new labor condition application?
A problem that arises with regard to site visits concerns H1B employees who work at client locations. These workers often change clients and/or locations during the course of their H1B employment. For many years, it has been the common legal interpretation and understanding that, when this occurred, it was not necessary to amend the H1B petition. Most employers simply obtained a new labor condition application (LCA) from the DOL for the new work location. The USCIS is not notified of the change unless an H1B amendment is filed. Therefore, the USCIS has no way of knowing that an H1B employee has been relocated, based solely on a new LCA.
The USCIS investigator conducts the site visit based upon the location identified in the H1B filing. If the employee has been relocated, the investigator does not find the employee at the address stated as the location of employment in the H1B petition. The personnel at the client location may not even be familiar with the individual. This may result in the USCIS investigator reporting that the H1B employee is not employed pursuant to the H1B petition. When the USCIS is unable to confirm the H1B employment, it generally sends an email to the employer, asking for confirmation of ongoing employment and the location of that employment. If the employer can satisfactorily respond, this might resolve the issue. If not, a notice of intent to revoke (NOIR) the H1B petition may be forthcoming, which places both the employer and the employee in jeopardy.
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