A new Administrative Appeals Office decision requiring an updated H-1B petition when a foreign worker changes locations could cause major headaches for companies with mobile foreign workers — particularly those in information technology — and may signal heightened H-1B scrutiny from the government, attorneys say.
Under the precedential decision handed down by the AAO on April 9, employers must file a new or amended H-1B petition, along with an updated Labor Condition Application, if an H-1B worker is transferred to a different geographical area than the one specified on initial visa application documents
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“The cost to ensure H-1B compliance will be prohibitive if it involves an employee who's constantly working at a new location,” said Ian R. Macdonald of Greenberg Traurig LLP. “And in particular, IT sourcing entities will be significantly hit by this AAO decision."