AILA recommends amending an H-1b when there is a work site change

Recently, the AILA  published a practice advisory to its members recommending that we advise our clients to file an amended H-1b petition whenever there is a change in the work site. This advice derived from a series of interactions with the CSC who asserted that an amended H-1b petition was necessary whenever there was a work site change.  Anecdotal evidence suggests that the CSC policy has been applied in H-1b extension petitions, I-485 applications, and H-1b revocation cases from both U.S. Consulates and FDNS site investigation referrals. AILA has urged USCIS HQ to address this very critical issue. Many of us believe that the revised I-129 form (issued in late 2011) with its clear language requiring the employer to attest to the statement, “If the beneficiary is assigned to a position in a new location I will obtain and post an LCA for that site prior to reassignment” had settled this matter but, based upon recent events, it did not, at least not in the eyes of the CSC. A memorandum from HQ would be nice but, since the CSC routinely ignores HQ directives eg. Neufeld FAQ’s, L-1b specialized knowledge definition, etc.   it may be no more helpful than an umbrella in a hurricane.

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