Here’s what you need to know:
1. Filing a New Labor Condition Application (LCA)
Whenever your work location changes, your employer must file a new Labor Condition Application (LCA) with the Department of Labor. This step is crucial because:
Geographic Location: The wage requirements and labor market conditions may differ in your new location.
Wage Differences: The prevailing wage in the new area might affect your salary.
Job Duties: Changes in responsibilities could necessitate additional compliance measures.
The LCA ensures that your new position meets federal wage and working condition standards, protecting both you and U.S. workers.
2. Filing an Amended H-1B Petition
Once the LCA is certified, your employer must file an amended H-1B petition with the U.S. Citizenship and Immigration Services (USCIS). This filing informs USCIS about the changes in your employment, including your new work location and any modifications to your job role.
3.When Can You Start Working at Your New Location?
You may only begin working at your new location after the following steps are completed:
The new LCA is certified by the Department of Labor.
The amended H-1B petition is filed with USCIS.
You receive the I-797 receipt notice from USCIS, confirming that your amended petition has been filed.
4.Posting the LCA at Your New Workplace
The certified LCA must be displayed at your new work location. This requirement applies even if your new workplace is your home office.
Compliance is key! Relocating can be exciting but the immigration process can be complex. If you have questions about your H-1B status or need assistance, our experienced immigration attorneys are here to help. Contact us today for a free consultation!
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