This issue is currently under examination within the H-1B policy review working group as part of the comprehensive USCIS policy review.  It has long been fraught with confusing and sometimes contradictory policy guidance regarding when a change in employee work location requires a new H-1B petition.

The fact is that not every change in jobsite location represents a ‘material change’ and not every change equates to a change in the conditions of employment, particularly if the change is in the same Metropolitan Statistical Area (MSA) upon which the Labor Condition Application and the prevailing wage is based.

It has long been the policy articulated in the October 23, 2003 Efren Hernandez letter (AILA Doc. No. 03112118), that changes in job site location do not require amended H-1B filings as long as a Certified Labor Condition Application is in place; an LCA posting notice under DOL regulations was completed, and other wage and hour obligations are met.

The American Immigration Lawyers Association (AILA) is requesting that USCIS “issue clear and unequivocal guidance confirming the provisions in the Hernandez letter so that petitioners and USCIS can follow and rely upon it.”

We will keep you informed concerning this matter as developments occur.