US Draws New Rules for H-1B working - Visa Holders

As per the new guidelines the H-1B visa holder employers are required to file a visa application with a condition of labour, if a international employee moves to the work site which is outside the area covered by the original visa.

An employer would be required to pay $325 in order to file an H-1B application with the citizenship and immigration service of U.S. Earlier a skilled worker visa holder had to file an application  of Labor Condition with the Department of Labor when he or she would Change job locations.  No Fees are charged for filing an LCA. 

Once the visa application is filed, the international employee can begin working on a latest location, in the guidelines of draft the immigration agency has said which were issued on May 27. The immigration agency is expecting comments on the draft guidelines until June 26, after which they are expected to come into effect. 

Nearing to thousands of extra H-1B petitions would be required to be compiled by employers, said FitzGerald. This would indicates nothing short of an extra as well as larger tax by the govt of U.S for these employers. 

The  guidelines of draft would be applicable  to all the holders of H-1B visa who have changed their work site earlier than May21 When the USCIS has issued a web alert about the change. Visa holders who have changed their location, after May 21 they are required to submit the amended applications. The immigration agency has provided time till August 19 to file the fresh applications.

The industry body is having concerns as the final guidelines lack of clarity with regards to timing of implementation. 

Mr. Sabharwal said, the companies cannot wait for the decision, which will only give them less than a month’s notice to be able to make changes to thousands of petitions.

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