When Should We File H-1B Amendment?

H-1b Amendment Rules:

• The H-1B Employee changes their worksite, i.e. employers are then responsible to certify a new Labor Condition Application for Non-Immigrant Workers (LCA) to the Department of Homeland Security.
• The reason being, is that the “change of work location” may affect the Employee’s H-1B status.
• Therefore, this is regarded as a “material change” in the terms and conditions of employment.
• So, if you fall into this category, get a move on and pester your Employer to file a new amendment.
• You have only 90 days as from the USCIS Web Alert dated 21^st May 15, so it ends on 19^th August 15!.
• If you do NOT do this by 19^th August 15, you will automatically be out of compliance.

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What Area Qualifies  as a “Change of Work Location”?

The Employer must file an amended H-1B when the “H1-B Employee” changes his or her work location to a worksite outside of the Metropolitan Statistical Area known as MSA. This is also known as an “Area of Intended Employment” as defined at 20 CFR 655.715 covered by the existing approved H-1B petition. By the way, once the application has been made you do not need to wait for a final decision, so that’s good news, right?

Okay, don’t worry and there’s absolutely no need to get too hung on all the terminology and the relevant law sections, all you need to ask yourself is “Have I Changed My Work Address?” That’s it.

The Other Conditions to Submit an Amendment

• The H-1B Employee changes their worksite, the employers are then responsible to certify a new Labor Condition Application for Non-Immigrant Workers (LCA) to the Department of Homeland Security.
• The reason being, is that the “change of work location” may affect the Employee’s H-1B status.
• If your amended H-1B petition is denied, but the original is still valid, the Employee can return to the “original worksite”, which kind of makes sense and is totally logical.
• Also, you will be please to know that your “previously-filed petition” is still pending, you may file another amended petition to allow the H1-B Employee to change the “worksite location”.
• So, basically the whole amendment thing is predominantly related to “change of work location”.

 This is When You Do “NOT” Need to File an Amended Petition

• MSA MOVE: The H-1B Employee is moving within the same MSA (Metropolitan Statistical Area) of the intended employment, the new LCA is not required.
• SHORT-TERM PLACEMENTS: The H-1B Employee can work at a new job location for up to 30 days and in some cases as much as 60 days but your official original “work location” has not changed.
• NON-WORKSITE LOCATIONS: The H-1B Employee is attending departmental activities for example like management conferences, additional training, staff seminars. Also included are things like casual, short-term visits which can be recurring as long as it’s not excessive and must not exceed 5 consecutive work days for any one visit. Or, alternatively not exceeding 10 consecutive work days for any one visit by an Employee who spends most work time at the original work place and travels occasionally to other locations.