United States to make revised H1B compulsory for workers moving from one workplace to another: As part of recent proposed changes to the H-1B visa system, the United States will now require an amended petition if an H-1B worker wants to change workplaces.
As per a previous decision of the US Court of Appeals in the District of Columbia, it has been reaffirmed that employers sponsoring foreign employees on H-1B visas must file an amended H-1B petition with the US Citizenship and Immigration Services (USCIS) in case when a foreign worker relocates within the country.
United States To Make Revised H1B Compulsory For Workers Moving From One Workplace To Another
In July 2015, the US Citizenship and Immigration Services (USCIS) issued a policy memorandum based on the Administrative Appeals Office’s decisions in a specific case.
According to this memorandum, an international worker’s relocation from one domestic place to another place constituted a material change and also required the submission of an amended H1-B visa application form.
This policy memorandum faced many lawful challenges, but the court of the US supported the requirement.
The newly proposed changes in the H1-B will formalize this obligation. Now, employers must submit a new H-1B petition and a new Labour Condition Application (LCA) form before the location change occurs.
If a worker fails in this policy, it may be considered a violation of their H-1B visa status. It is also important to note that these changes in H1B will incur additional costs for the sponsoring employer.
This requirement does not apply to those workers who change their job location within the same area of intended employment. These changes aim to assure compliance with the H-1B visa program, especially regarding the work locations of visa holders.
A New York-based immigration attorney, Cyrus D Mehta, told TOI that this new policy increases the costs and the burdens on employers relating to the filing of an amended H-1B petition, and it is sad that the appeal court did not change this policy.
If H-1B workers do not file an amended petition before moving to a new worksite, they may violate their visa status.
So, it is all about the United States To Make Revised H1B Compulsory For Workers Moving From One Workplace To Another.
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Source:- economictimes.indiatimes.com
