Change in location of worksite now requires amended H-1B petition.

The U.S. Citizenship and Immigration Services' Administrative Appeals Office (AAO) ruled yesterday that employers must file an amended H-1B petition when the work location of the employee covered by the initial H-1B petition changes to a geographical area not covered by the initial petition. It is not sufficient to just obtain an updated Labor Condition Application. The AAO determined that such a change in the work location is material to the terms of employment as stated on the visa petition authorizing employment and an amended petition becomes necessary to reflect the terms of employment. This is a change from past H-1B practices and employers must act accordingly in order to avoid penalties and denials of visa applications by employees who apply for a visa for the first time or seek to renew their H-1B visa.