Labor Condition Application

Employers take note: If you file a new Labor Condition Application (LCA) for an H-1B employee to reflect a change in work location that is outside the metropolitan statistical area (MSA) of the original worksite stated on the LCA and corresponding H-1B petition originally filed for the H-1B employee, then you must also file an amended or new H-1B petition to reflect this material change.  Failure to do so will be considered a material deficiency by U.S. Citizenship and Immigration Services (USCIS) and grounds for revocation of the underlying H-1B petition.  Employers should also note that USCIS is expected to make 30,000 administrative H-1B and L-1 site visits this year with this being one of the agency’s top investigative priorities, thereby increasing the need for employers to ensure compliance with this rule for all active H-1B employees.
Continue Reading EFFECTIVE IMMEDIATELY: Restrictive AAO Decision Finds Change of Work Area Requires H-1B Amendment Filing