07.22.15
While the regulations regarding what to do about H-1B employees who work in locations other than their initial locations have been around for years, a recent Administrative Appeals Office decision issued in April compelled the U.S. Citizenship and Immigration Services (USCIS) to provide temporary, and now final, guidance on the issue. The bottom line is that whenever an H-1B employee works at a different location, an employer must ask whether a new Form ETA 9035, also known as the Labor Condition Application (LCA) must be filed. If a new LCA must be filed, then a new H-1B petition must be...
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