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BABC Member Dunbar Harder



H-1B employers must now submit an amended or new H-1B petition when an H-1B employee will work at a new or additional worksite location requiring a new Labor Condition Application for Nonimmigrant Worker (LCA).

The USCIS recently issued “Final Guidance on When to File an Amended H-1B Petition.”  The USCIS Guidance articulates policy implementing the Administrative Appeal Office’s (AAO) decision requiring employers to submit a new or amended H-1B petition when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location.

As of August 19, 2015, employees may begin working at a new or additional worksite only after the amended or new H-1B petition supported by a certified Labor Condition Application (LCA) has been filed with the USCIS.