When is h1 amendment needed

LaFleur stated that the scenario provided by the attorney would most likely not require an amended petition because the H1B employee would be utilizing the same training and knowledge in his or her supervisory role as in the original role.

Aleinikoff explained that, when the beneficiary is transferred from one U. Here, it is important to note that the Aleinikoff Memo was written before the enactment of AC21 [ see category ], which provided for H1B portability. To learn about the current H1B portability rules, which also address employment while a new or amended H1B petition is pending, please see our full article on the subject [ see article ].

Section Under current regulations at 8 C. We discuss the current rules for employer-employee relationships in a separate article [ see article ].

AFM The Aleinikoff Memo then addressed the transfer of an H1B employee to a new worksite. Here, Aleinikoff wrote that the mere transfer of an H1B employee to a new worksite does not require a new or amended H1B petition under the following conditions:.

The initial petitioner remains the alien's employer; and Provided further, the supporting LCA remains valid. However, as we have discussed, the AAO has subsequently clarified in Simeio when a new or amended H1B petition is required after a change in worksite.

While Simeio does not contradict the Aleinikoff Memo, the new USCIS guidance on worksite changes should be consulted by employers since it provides important further clarification of the issue. For the most comprehensive guidance on this subject, please see our full article on the USCIS Memo implementing the Simeio decision [ see article ].

Under 20 C. In these short term placement cases, an amended petition is not required. To learn more about short term placement rules and scenarios, please see our full article on the subject [see article]. The Aleinikoff memo provided that a petitioner does not need to file a new or amended H1B petition merely because the petitioner changes its name.

A new or amended petition would only be required if there was some other material change to the terms or conditions of the beneficiary's employment by the petitioner. Presumably, if the petitioner must file a new or amended petition due to a material change in the terms or conditions of the H1B beneficiary's employment, it should also advise the USCIS of its name change in that filing.

A change in the ownership structure of the petitioning entity does not, in and of itself, require the filing of a new or amended H1B petition. Aleinikoff wrote that a change in ownership structure will generally not necessitate a new or amended H1B petition provided that the following points are true:. The petitioning entity continues to be the alien beneficiary's employer; The new owner s of the petitioning entity assume the previous owner's duties and liabilities, including those relating to the filing of the LCA.

Material changes could include, in some circumstances, a change in worksite location, a significant change in job duties or a change in occupational classification, or a reduction in hours from full-time to part-time or a reduction in salary. The U. Department of Labor and will require an amended H-1B petition. The employee may begin work at the new location only after the employer files the amended petition. The CIS has confirmed that movement of the H-1B employee within the same geographic area does not require an amended H-1B petition, so long as all other material terms and conditions of employment remain the same.

CIS has further confirmed that short-term placements that meet the requirements of the short-term placement regulations will not require an amended H-1B petition. Similarly, placements at locations that do not meet the regulatory definition of a worksite will not require an amended H-1B petition so long as other material terms and conditions of employment remain the same.

Generally an H-1B amendment must be filed before the material change in employment occurs. Changes in work location require the employer to file an amended H-1B petition before the employee moves to the new work location. When evaluating employee worksite locations, employers should also consider whether there have been any other material changes in the terms and conditions of authorized employment, such as a significant change in job duties or a change in occupational classification or reduction in the salary.

Other changes such as the addition of direct reports or promotions to higher levels of responsibility may also be deemed material. Locations where foreign workers are partaking in employee development activities, such as a management conference or a staff seminar. Additionally, the employer must submit a Letter of Support, as well as any other necessary supporting documents, such as:.

The nonimmigrant employee may start working for the employer as soon as the amended H-1B visa has been filed. A strong credit score helps you access a lot in the U. Access your free international credit score, and see which U. No SSN required. H-1B visa stamping: H-1B visa interview documents and more. How to check H-1B visa processing times. How to find out if you've been selected in the H-1B lottery.

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The ultimate guide to the H-1B visa. How to check the status of your H-1B visa application. What to do after your H-1B is Approved. Home Resources Everything you need to know about applying amendments to your H-1B visa. Everything you need to know about applying amendments to your H-1B visa Foreign national workers with an H1-B visa may need to make amendments to their initial visa status.

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