When an H-1B worksite change requires a new petition
What the regulation provides about material changes, and the three situations it lists in which an amended petition is not required.
Authority: 8 CFR 214.2(h)(2)(i)(E)
Material change
- The regulation provides that any change in the place of employment to a geographical area requiring a corresponding labor condition application to be certified to USCIS is considered a material change, and requires an amended or new petition to be filed before the H-1B worker may begin work at the new place of employment. 8 CFR 214.2(h)(2)(i)(E)
- It states that the beneficiary is not authorised to work under materially changed terms and conditions until the new or amended petition is approved and takes effect, unless eligible for H-1B portability. 8 CFR 214.2(h)(2)(i)(E)
Where no amended petition is required
- Provided there are no material changes, the regulation states a petitioner does not need to file an amended petition when moving a beneficiary to a new job location within the same area of intended employment as listed on the certified labor condition application. 8 CFR 214.2(h)(2)(i)(E)(i)
- It states the same for placing a beneficiary at short-term placements outside the area of intended employment for a total of 30 days or less in a one-year period. 8 CFR 214.2(h)(2)(i)(E)(ii)
- The regulation extends that to a total of 60 days or less in a one-year period where the beneficiary continues to maintain an office or work station at their permanent worksite, spends a substantial amount of time there in a one-year period, and resides in the area of the permanent worksite rather than the short-term one. 8 CFR 214.2(h)(2)(i)(E)(ii)
This page reports what published regulations provide, with the citation for each statement. It is not legal advice, it is not complete, and it says nothing about any particular person's situation. Verify each citation against the current text at eCFR before acting on anything here.