A common practice among US companies is to reassign employees to a new office location in a H1b Relocation Within The Company city or state within the country.

This may be either a temporary move or a longer term assignment, and is especially common with IT companies that may need to relocate skilled technical employees for training or support reasons. A question that arises for foreign workers employed under an H1B visa is how a transfer or change in location will affect H1b Relocation Within The Company visa status.

The amended LCA was always required for location changes, but a legal case added another layer of compliance for H1B visa sponsors. The change in location also means that the employer will have to file an amended H1B visa petition before transferring the employee to the new worksite. This means that companies will have an extra administrative burden for transferring sponsored H1b Relocation Within The Company workers, and will need to plan ahead for assignments to a new location. However, as long the amended H1B petition is filed, the employee can begin working at the new site without waiting for a final decision from USCIS on the amended petition.

Any transfers of less than 30 days are exempt from this rule, and will not require a new LCA or amended H1B visa petition. This exemption is extended to 60 days if the worker is still based at the original location listed in their H1B visa petition. This is welcome news for companies that use some employees to train other workers in specific skill areas, usually for H1b Relocation Within The Company finite time period.

Also, non-worksite locations that may be part of employee development, training seminars or periodic visits to other office locations will not be subject to this LCA rule. Those visits can last up to 5 days 10 days in certain circumstances without triggering the location change requirements. If for any reason the USCIS denies the amended petition, the employee still has legal immigration status at the location listed in the original H1B petition.

In that Wanderlust Wine Company, they can return to that location without any effect on their visa status. Employers that utilize many workers under H1B visas will need to be aware of the steps to comply with these rules, and recognize the fact that the USCIS does conduct worksite visits for H1B visa sponsors to make sure that the LCA rules are not being overlooked or ignored.

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New H1B Rule: Amended petition is needed when you change ...

Jul 22, 2015 · Relocation between 04/10/2015 and 08/18/2015. Company must file an amended or new petition by 01/15/2016. All relocation on or after 08/19/2015. Company must file an amended or new petition before the H1B employee starts working at the new location. When is an amended H1B petition is NOT needed? A relocation within the same MSA…

If My Employer Sends Me to a New Work Location ... - h1b.io

Mar 12, 2018 · A common practice among US companies is to reassign employees to a new office location in a different city or state within the country. This may be either a temporary move or a longer term assignment, and is especially common with IT companies that may need to relocate skilled technical employees for training or support … Continue reading "If My Employer Sends Me to a New Work ……

Continuing Employment USCIS

Continuing Employment. Employers must complete a new Form I-9, Employment Eligibility Verification, when a “hire” takes place. However, there are situations where a hire has not taken place if the employee is continuing in their employment and has a reasonable expectation of employment at all times.…

Final USCIS Guidance on H1B Amendments for Worksite Changes

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