| The H-1B Amendment For Employment Relocation |
| The H-1B Amendment For Employment Relocation |
| Hi
William, I am a system engineer in a network design and administration consulting company. My H-1B was approved half year ago at city A, but now I need to work for a customer at city B. Do I need to file a H-1B amendment for my employment relocation? Answer, According to USCIS, an employer does not have to file a H-1B amendment when they relocate employees to other job sites if the Labor Condition Application (LCA) notice was posted and approved before the relocation, which gives the freedom for the employer to move around their employees without going through the H-1B amendment procedure. However, in the past, people are very cautious to file a H-1B amendment in this situation. There are some circumstances where your employer would simply need to file to have the current petition amended. These include a change in job duties, a significant salary increase, or a change in title. In these instances, as long as the position is still considered a specialty occupation that requires a bachelor’s degree or higher, you should just need to have your petition amended. Though the USCIS has not stated specific regulation for change in job location, it is highly advised to file an H-1B amendment when there is a change of the employee’s work location. The H-1B amendment must always be filed for any ‘material changes’ in the terms and conditions of employment. It would seem that the USCIS considers a change in location as a material change that requires an amendment. Thus, the safe course of action is to file the H-1B amendment for location change. |
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