Employers requires to plan to file a latest LCA for H-1B by 6th January

December 23, 2015
Employers who had shifted their H-1B employees from a location to another might require to file a latest H-1B petitions, rather than depending on the previous approval. For the moves that had already made, the employer should file within the period of safe harbor before the end of this year. For adequately preparing, the employer requires to plan to file a latest application for labor condition (LCA) for the H-1B by 6th January.

Employers requires to plan to file a latest LCA for H-1B by 6th January

USCIS had issued a latest Policy Memorandum on 21st July 2015, describing that when a employer shifts an H-1B employee from the metropolitan statistical area to the other, the employer should file the latest LCA with the Labor Department, listing the employment location, wage information.  In addition to an changed H-1B petition with the USCIS, before the shifting. If the employer do not file the latest LCA and changed petition in advance, the H-1B would be rejected or cancelled.

This is the revision from the previous policy of USCIS, which permitted for filing of change petitions after shifting and notifying the USCIS of the alteration. 

The shift policy is retroactive,  but the USCIS had issued a period of safe harbor permitting the employers to file an changed or latest petition by the end of this year, which the USCIS would still consider it timely.

The Policy Memorandum of  USCIS offers that an employers don’t require a fresh LCA or a fresh changed petition under few conditions like a move within the similar MSA, placement related to short term at the latest workplace for a month, and in few cases two months,  non-workplace locations, like management conferences or stall seminars etc, placement for the employment which is peripatetic in nature.

Any change in the workplace location needs reposting the LCA on the site. The period for safe harbor for the changed or latest petitions ends this year. H-1B petitions should be accompanied by the LCA listing the MSA and the wage. The labor department might take a week time to process an LCA. So, for adequately preparing, the LCA must be filed before 6th January 2016, so that it might be included with the petition for H-1B.

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