11/21/2003: USCIS Position on H-1B Amendment For Worksite Change
· According to a letter of USCIS which has been released by the AILA, employer does not have to file a H-1B amendment when they relocate their employees to other job sites if the LCA notice was posted and approved before the employee was relocated. This opinion letter reflects that it does not matter when it was posted and certified inasmuch as it was posted and certified before the H-1B employee was relocated to the site. This opinion somewhat deviates from the view expressed by other officials in the past. Readers are cautioned that this opinion is expressed in a letter to a community organization and it is neither a memorandum or a binding rule. However, in view of the fact the author is the chief of business division of USCIS, it will carry a substantial weight when it comes interpretation of this issue within the USCIS.
· This opinion expands the freedom for the employers to move around their employees without going through the cumbersome and expensive H-1B amendment procedure. This will be particularly helpful for the IT consulting businesses.
· According to a letter of USCIS which has been released by the AILA, employer does not have to file a H-1B amendment when they relocate their employees to other job sites if the LCA notice was posted and approved before the employee was relocated. This opinion letter reflects that it does not matter when it was posted and certified inasmuch as it was posted and certified before the H-1B employee was relocated to the site. This opinion somewhat deviates from the view expressed by other officials in the past. Readers are cautioned that this opinion is expressed in a letter to a community organization and it is neither a memorandum or a binding rule. However, in view of the fact the author is the chief of business division of USCIS, it will carry a substantial weight when it comes interpretation of this issue within the USCIS.
· This opinion expands the freedom for the employers to move around their employees without going through the cumbersome and expensive H-1B amendment procedure. This will be particularly helpful for the IT consulting businesses.