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 daysH1B Application approval things to knowLottery 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 if:• 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 NYC. 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:WFH for H1B, new LCA needed; amendment requiredHow do extensions and renewals for H1B visas work?What are the rules on H1B RenewalDocuments and information needed for H1B registration:

• 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

Source: www.uscis.gov