H1B Amendments

The H1B Amendment is essential when a material change occurs in the terms and conditions
of H1B worker employment. There are several situations in which you would need to have
your sponsoring employer file a new petition on your behalf. When your position changes
significantly or when you change employers, you need to submit a new petition.
Consequently, the USCIS will reassess whether you are eligible for an H-1B visa.
However, what if your job location changes? Is an H-1B amendment required even if the
employer remains the same? Let’s take a look:

Amendment to H-1B Location Changes:

Due to the pattern of recent denials in USCIS, it is highly advised to file an H-1B amendment
when there is a change to 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 a material change that requires an
amendment. The safest course of action is to file the H-1B amendment for location change.
However, your immigration attorney can better assess your situation and advise you on the
best thing to do.

Here’s more information on H-1B visa blogs:

USCIS Grace Period for H1B Visas 60 days

H1B Application approval things to know

Lottery for H-1B Visas (How Does It Work?)

When is an H-1B Amendment Required for a Location Change?

The following are examples of situations that may qualify as “material change” when an
employee changes worksite locations, which will require filing an amendment:
• If the new location is not in the same metropolitan statistical area (MSA) as the initial H-1B
petition and LCA;
• If the relocation will result in any other significant changes (for instance, if the employee’s
condition of employment or job title changes), it’s not often clear what constitutes a major
or immaterial change in H-1B status. It is essential to get the advice of an immigration
lawyer who is familiar with your individual situation.

When an H-1B Amendment May Not Be Required for a Location Change:

You may not need to file an H-1B amendment for an H-1B employee’s change of location

• Relocating within the MSA or geographical area covered by the H-1B petition. The original
LCA must, however, be posted at the new site of employment. Whether a company is
shifting the entire workforce from one new site to another within the MSA or just one
employee, this step is essential.
• Location changes are only permitted for short-term assignments of less than 30 days, and
in some cases, less than 60 days.

The H-1B employee will only be relocating to a “non-worksite” area. If a location qualifies as
“non-worksite,” it must meet the following criteria:

  • If the employee is going to take part in a staff seminar, a management conference,
    or other employee-development activities, the employee will only be present for a
    short period of time at each location.
  • If the position is “transient in nature.” Such circumstances exist when [the
    employee’s] major employment is at one location but he or she is required to go to
    other areas on a casual, short-term basis on a regular but not excessive basis.
  • In particular, a peripatetic worker’s visit to such other areas should not exceed 5 days
    in a row. Workers who spend the majority of their time at one workplace and only travel to
    other locations on occasion are not permitted to travel for more than 10 days at a time.

How to File an Amended H-1B Petition for a Change of Address:
To apply for an H-1B modification, the employer must submit an I-129 form to the USCIS. To
begin with, the employer should compile all pertinent relocation information and include it
in the H-1B Labor Condition Application (LCA). In most circumstances, the Department of
Labor (DOL) renders a decision within one week. The next step is to prepare the I-129
petition and other case-related documentation, such as:

The H-1B visa of the employee:

  • a photocopy of the employee’s passport,
  • a copy of the I-94 form for the employee,
  • and copies of the employee’s academic degree
    The employee’s working schedule You must submit an I-907 form with your petition if
    you want to employ premium processing for H-1B visas. Even if a new LCA is already
    certified and posted at the new location, you must file an amended H-1B petition if your
    H-1B employee has changed or will change his or her place of employment to a worksite
    location outside of the MSA or an “area of intended employment” covered by the
    existing approved H-1B petition.
    Your H-1B employee can start working at the new site as soon as you file the updated
    petition. Your H-1B employee does not need to wait for a final decision on the modified
    petition before starting work at the new site.

When You Do Not Need to File an Amended Petition:

A move within an MSA: A new LCA is not necessary if your H-1B employee is
transferring to a new job location within the same MSA or area of intended
employment. As a result, a revised H-1B petition is not required. The original LCA
must, however, be posted at the new work location within the same MSA or area of
intended employment. An H-1B employee transferring to a new working site within
the New York City MSA (NYC), for example, would not require a new LCA, but you
would still need to publish the previously obtained LCA at the new work location.
This is required whether a full office is moving to a new location within New York
City or simply one H-1B employee is moving from one client site to another within
Short-term placements: You can transfer an H-1B employee to a new job location
for up to 30 days, and in rare cases, up to 60 days (if the employee stays at the
original location).You do not need to file a revised H-1B petition in these cases.

Non-worksite locations: You do not need to file an amended H-1B petition if your H-
1B employee is only going to a non-worksite location. A location is considered “non-
worksite” if it meets the following criteria:
The H-1B workers will travel to a certain place to participate in employee development
activities such as management conferences and staff seminars.
H-1B workers spend very little time at any one location.

H-1B Changes:
To make the H-1B lottery a more manageable process, USCIS uses an online pre-registration
mechanism. Before beginning the filing process, employers must register their dependents
with the USCIS database. This is how the system will function:
• Employers will pre-register their foreign workers by entering information into a database.
•The USCIS will hold a lottery and choose the winners—65,000 for the ordinary cap and
20,000 for the master’s cap—who will then file and be processed.
• The selected registrants’ employers will file their petitions with the USCIS for processing,
along with the relevant filing fees and supporting papers, within 90 days of being selected.
•The H-1B visa will be provided if the petition is approved.

Rules for Submission of H1B Amendment:
To avoid outright denial, there are simply a few requirements to follow when registering:

  • Each beneficiary may have only one registration from each sponsor. If a single sponsor
    submits several registrations for the same beneficiary, all of the sponsor’s registrations for
    that beneficiary will be considered invalid and refused.
  • A single sponsor, on the other hand, can register many beneficiaries at the
    same time.

Here’s more information on H-1B visa blogs:

H-1B 60-Day Grace Period: How Long Can an H-1B Worker Stay in the U.S.

WFH for H1B, new LCA needed; amendment required

How do extensions and renewals for H1B visas work?

What are the rules on H1B Renewal

Documents and information needed for H1B registration:

Documents and information
Documents and information
  • Employer’s name
  • FIEN of Employer (Identification number)
  • Employer’s address
  • Employer’s Contact information
  • Contact information for the employer’s lawyer

Beneficiary information requirement for H-1B registration:

  • Beneficiary’s Name
  • Beneficiary’s Birthdate
  • Your home country, as well as where you maintain citizenship
  • Beneficiary’s Passport Number
  • Gender

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