H1B Employer Mandated To File New Application If Employee Changes Location

The requirement to support employers to apply for an amended H-1B (application) visa with the United States Citizenship and Immigration Services (USCIS) has been upheld by the US regional court. The ITServe Alliance, however, may apply to the Supreme Court (Regional Court of Appeal).

‘A Material Change’

Based on a decision taken by the Administrative Complaints Office in a particular case, USCIS had issued a policy memorandum in July 2015. According to the memorandum, the migration of a foreign worker from one home to another location constitutes a ‘material change’. Therefore one needs to apply for an amended H1B visa application. These improvements were made without any prior notice to the Federal Register, which allows participants to comment.

The TServe Alliance, an organization of more than 1,400 member companies (many of which were founded by Indians) in its case said the requirement violated USCIS’s legal authority and should be set aside.

Cost Of Sponsoring Employers

The companies that are members of this organization place their H-1B staff in client locations, thus making general changes in the environment. Applying for an amended H-1B visa each time a foreigner is relocated to a new US interior adds business costs. ITServe informed the district court that the costs currently being $ 460 of the application and $ 1,400 for a quick decision. These filling fees add to the cost of sponsoring employers.

Judge Trevor N. McFadden dismissed the ITServe’s arguments. The judge also said that USCIS could issue binding interpretations. The matter will now be referred to the appellate court.

Jonathan Wasden, a colleague at Wasden Banias, representing the plaintiffs hoped to have strong arguments. He told the TOI, “This case challenges some of the structural issues that will undermine the entire H-1B system of the Immigration and Nationality Act. The appellate court is not bound by the lower court’s decision. , the appellate court has a blank text to use. ”

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