As of April 9, 2015 employers of H-1B workers have been required to file an amended visa petition with the U.S. Citizenship and Immigration Services (USCIS) if a worker’s place of employment changes from the location that was stated in a current H-1B petition to a different geographical area.
Yesterday USICS announced guidelines on how to comply with the requirement (subject to certain exceptions) for past and future changes in work locations of H-1B workers. If the change occurred:
on or before April 9, 2015
the company may choose to file an amended or new petition by January 15, 2016. Such request to change an H-1B employee’s place of employment will be deemed timely. Even if an employer does not file an amended or new petition by this date, USCIS will generally not pursue revocation or denials based upon failure to file an amended or new petition.
after April 9, 2015 but prior to August 19, 2015
the company MUST file an amended petition or new petition by January 15, 2016. USCIS will consider filings prior to the deadline for this safe harbor period to be timely. If the company does not file the amended or new petition within the time permitted, it will be out of compliance with DHS Regulations. A current approval, underlying the worker’s H-1B status, will be subject to a notice of intent to revoke and the employee may be found to not maintaining his or her H-1B status
on or after August 19, 2015
the company MUST file an amended or new petition before the H-1B employee starts working at a new place of employment not covered by an existing, approved H-1B petition.
Yesterday USICS announced guidelines on how to comply with the requirement (subject to certain exceptions) for past and future changes in work locations of H-1B workers. If the change occurred:
on or before April 9, 2015
the company may choose to file an amended or new petition by January 15, 2016. Such request to change an H-1B employee’s place of employment will be deemed timely. Even if an employer does not file an amended or new petition by this date, USCIS will generally not pursue revocation or denials based upon failure to file an amended or new petition.
after April 9, 2015 but prior to August 19, 2015
the company MUST file an amended petition or new petition by January 15, 2016. USCIS will consider filings prior to the deadline for this safe harbor period to be timely. If the company does not file the amended or new petition within the time permitted, it will be out of compliance with DHS Regulations. A current approval, underlying the worker’s H-1B status, will be subject to a notice of intent to revoke and the employee may be found to not maintaining his or her H-1B status
on or after August 19, 2015
the company MUST file an amended or new petition before the H-1B employee starts working at a new place of employment not covered by an existing, approved H-1B petition.
Please feel free to contact my office if you are not certain whether those changes in requirements for maintaining H-1B worker status apply to your workforce or need assistance in amending exiting H-1B approvals.
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