USCIS Issues Decision Requiring H-1B Amendments for Many Cases

On April 9, 2015, the USCIS issued a decision confirming that a change in the geographical location of an H-1B holder’s employment is considered a “material change,” and that such a change requires petitioners to file amended H-1B petitions.

This contradicts the widespread practice of relying solely on the filing of a new LCA to transfer H-1B workers to new worksite locations not listed in the H-1B petition.

The decision could mean that the USCIS will actively revoke H-1B petitions where the now required amendment was not filed.  It could also mean that the USCIS will consider H-1B employees not covered by properly filed amendments to have failed to maintain their H-1B status.

The full decision can be found at H-1B Amendment Decision

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