Changes in Employment Location Require an H-1B Amendment
Changes in the location of an H-1B employee have been a subject of debate in the law and practice for many years, resulting in the need to file an H-1B amendment petition when a 'material change' occurs. See prior guidance: A USCIS unofficial guidance letter (letter from Efren Hernandez, Director Business and Trade Branch of USCIS to Lynn Shotwell, Am. Council on International Affairs, Inc., dated October 23, 2003) explained that if the only change was in the location of employment, then an amended H-1B petition was not required. Yet USCIS has reportedly conducted site visits at the places of employment of H-1B beneficiaries, resulting in the revocation of H-1B approvals if they were not able to locate the employee at the new job location despite a valid LCA filed before the employee moved. As a result, USCIS refused to issue any further clarifications or policy changes. H-1B Amends are Required Under Prior AAO Decision: In Matter of Simeio Solutions, LLC,