H-1B Employers Beware – Amendment Might Be Required When Work Address Changes

H-1B Employers and Employees:  Your immigration attorney has been saying to you for years, “inform me of any change in the employee’s work location – if you change it, then we need to file an H-1B amendment application.”

Now in a precedent decision, the USCIS Administrative Appeals Office has revoked an H-1B approval, finding a “material change” in the employment terms because of a change in work address.  Since the new address was not covered by the original Labor Condition Application (LCA), an amended LCA and amended H-1B application were required.

So, please contact your immigration attorney (hopefully Deutsch, Killea and Eapen, Immigration Law Firm), for an amended H-1b application, if any of these changes will occur with your H-1B job:

• Change of job title from what was stated in the initial H-1B application
• Significant change in job duties
• Change of work location.  If the move is within the same Metropolitan Statistical Area, no amendment required, though the original LCA must be posted in the new work location.  If the new work location is only temporary, no action may be required.  Contact our office to figure out what applies to your situation.
• Lowering the number of work hours
• Lowering the employee’s salary