June 05, 2015

New Worksite for H-1B Employees

The USCIS Administrative Appeals Office (AAO) issued a decision regarding H-1B visas that affects employees’ status and ability to work. According to the AAO, employers are required to file an H-1B amended petition before placing an H-1B employee at a new worksite.

In compliance with the AAO decision, the USCIS released a guidance stating that “if you do not file an amended petition for these employees by August 19th, 2015, you will be out of compliance with USCIS regulation and policy and thus subject to adverse action. This would also mean that your H-1B employee would not be maintaining their nonimmigrant status and would also be subject to adverse action.”

Therefore, if an H-1B employee is working at a worksite that what was not included in the original H-1B petition, we strongly recommend employers to contact their immigration attorneys immediately to start the process of amending the H-1B petition without any delays as the deadline, August 19th, to meet the USCIS requirements is fast approaching.

If you need assistance in determining whether you are in compliance with the USCIS new directives, please contact us for a free consultation.

Angela M. Lopez
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alopez@cowlesthompson.com
214.672.2162