Has your H-1B employee moved or substantially changed job duties? USCIS requires employers to file an amended H-1B petition before any material change in employment, such as a change in work location or position. 

 

 

Please note, an amended petition is not required if the new worksite is within the same metropolitan statistical area (MSA) or geographic region covered by the existing Labor Condition Application (LCA) or if the new position is essentially an advanced level of the previously approved H-1B position.  However, if the new location is outside the approved LCA area, the employer must file an amended petition before the move. Employers must also comply with LCA posting requirements.

 

Failure to follow these requirements can result in H-1B violations, including possible revocation of the petition. Employers should review worksite changes carefully and submit amended petitions as needed to stay compliant.

 

For help with H-1B compliance or amended petitions, contact Agarwal Law Group at 703-348-1663. 

 

As a reminder, H-1B lottery registration is now open and will remain open until 12PM ET on March 24, 2025.  All employees requiring an initial cap-subject H-1B petition must be registered for the H-1B lottery.  Please reach out to us immediately in order to enter your employee in the H-1B lottery.