USCIS has issued a new policy regarding relocation of an H-1B employee. In short, and in general, an employer must file an amended petition when an H-1B employee is transferred to a new worksite. Failure to follow this new policy can result in the employee’s status violation and in ability to extend status. It also can raise liability issues for the employer. Thus, it is critical that the H-1B employer comply with the new directive. Below are some important dates, with the action the employer must take:

If the employee was assigned to a new location on or before April 9, 2015, the employer can choose to file an amended or new petition. If the employer opts not to file a new or amended petition, USCIS will not pursue revocation or denial. In other words, no action is needed until a petition is required to extend status prior to expiration of the current petition.

If the employee was assigned to a new location between April 10, 2015, and August 19, 2015, the employer must file an amended petition by January 15, 2016, and USCIS will consider the petition timely filed.

If the employee will be assigned to a new location after August 19, 2015, the employer must file before the employee is transferred an amended petition to reflect a change in work location.

If you have relocated any current H-1B employees, or plan to relocate H-1B employees, please contact our office immediately so we can assist you to comply with the USCIS policy. We can also help you find the best Utah commercial movers.

Bear in mind, not every worksite relocation done by Big T will require an amended petition. For example, if the new location is within the same MSA as the original location, and the job has not changed materially, an amended petition might not be necessary. Short-term training at a different location, likewise, will not be considered a change in worksite location.

For these and other reasons, we strongly urge you to contact one of our attorneys for a full and proper assessment.

The post H-1B Employer Alert appeared first on Rose Immigration Law Firm, PLC.

What we need from you:

Inform us. Our employer clients need to inform us that you have an employee or employees for whom you want to secure first-time H-B status.

Provide documents. We will provide you with a list of documents we need from you, the employer, and a list of documents and a questionnaire for the employee. Before an H-1B petition can be filed with USCIS, a Labor Condition Application (LCA) must be filed with and certified by the U.S. Department of Labor (DOL). DOL normally takes approximately 5-7 business days to certify an LCA; therefore, the minimum lead-time to prepare and file an H-1B petition is about 2 weeks.

Schedule a consultation today. If necessary, schedule a consultation with one of our lawyers if you need to assess the feasibility of H-1B. Does it serve your best interests? Does it serve your employee’s interest? IS H-1b at this time the best strategy? Will the employee be out of status? Can the employee keep working for you during the processing period and the wait period until October 1? What if your petition is not selected for an H-1b? These are the matters we can and should discuss with you in a consultation.

Don’t delay. We predict there will be a shortage of numbers this year, similar to last year. Please initiate the process with us as soon as possible. We stand ready to assist you.

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