As Department of Homeland Security (DHS) onsite inspections of H-1B employers and beneficiaries continue, employers are advised to take the following steps when the employee moves to a different worksite or when the company relocates to a new office location:
- Change of worksite location to new Metropolitan Statistical Area (MSA): Employer is required to post and file a new Labor Condition Application (LCA).
- If the new LCA is posted at the new worksite location after the move has occurred, employer is required to file an amended Form I-129 (H-1B petition).
- If the LCA is posted at the new worksite location prior to the move, although not required it is highly advisable that employer files an amended H-1B petition. Without an amended H-1B petition, a DHS onsite inspection at the prior worksite location may result in a Notice of Intent to Revoke because the DHS inspector was unable to locate employer or beneficiary.
- Change of worksite location within the same MSA: Employer is required to post the LCA at the new worksite location. The new posting may be the prior LCA, or employer may opt to post and file a new LCA. Although not required, it is highly advisable that employer also files an amended H-1B petition in case of a DHS onsite inspection, as discussed above.