Buchanan Ingersoll & Rooney's Frances P. Rayer Quoted in Law360 on H-1B Site Change Ruling
A recent article published in Law360 covers a new Administrative Appeals Office decision that requires an update H-1B petition when a foreign worker changes locations. Under the decision, the article reports that 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.
Frances P. Rayer told the publication that given this new binding decision, it’s imperative that employers know they need to run any changes in H-1B worker locations by their immigration attorneys."
“A lot of times, the employers just don't think about it,” she continues. "They think, 'Well, we have this person, and he has his visa, so he's fine.' ... So it is important that they contact their counsel to be sure every time there is a change, whether it be a change in job location or even if somebody changes job title.”
Read the full article - "H-1B Site Change Ruling Spells Trouble for IT Employers" (Law360, April 15, 2015). Subscription required.