USCIS Confirms that Worksite Relocation Within the Same MSA Does Not Require H-1b Petition Amendment

USCIS recently confirmed that it does not require employers to file an amended H-1b petition for an employee when the job site relocates to a new address within the same Metropolitan Statistical Area (“MSA”).

In response to a question posed by the American Immigration Lawyers Association, USCIS confirmed that a worksite relocation within the same MSA is not considered a ‘material change’ in the terms and conditions of employment, and therefore, does not require an amended H-1b petition.

USCIS’ statement confirms long standing practice that, by itself, relocation of an H-1b employee’s jobsite within the same MSA does not require amending the underlying H-1b petition. USCIS will, hopefully, include this point in training materials for USCIS field inspectors who locate an H-1b employee at a different but same-city address than is stated in the H-1b petition.

Recall that when an H-1b worksite does change addresses within the same MSA, the employer must post an updated Labor Condition Application Notice of Filing reflecting the new work site address for ten days at the new worksite location.