The Dept. of State issues guidance on December 21, 2015 which emphasizes Immigration Services recent rule: If an H-1B employee works at a worksite not listed in the original application package, the employer may need to quickly submit an amended petition to the government. Consequences of non-compliance can be significant. For example, the Dept. of State can send the current H-1B petition for revocation, as it did in a recent published case. Furthermore, the government considers non-compliance as a liability for the company and failing to maintain status for the employee.
For these reasons, it is critical that employees and Human Resources stay vigilant to changes to worksites. We can then analyze the facts and the legal nuances to determine if an amended petition is ultimately required. Fortunately, the employee is permitted to begin work at the new site based on filing the application–rather than waiting for an approval. Similarly, the Dept. of State will adjudicate an H-1B travel visa application based on the filing of the application–rather than requiring an approval by the Immigration Services. In the rare case that an H-1B amendment is not approved, the original H-1B status remains valid and the H-1B employee may return to the place of employment covered by the original application package. Bottom line: If there is a change in an H-1B employee’s worksite, make sure to inform your immigration attorney!