U.S. Citizenship and Immigration Services (USCIS) has the authority to require employers to file an amended H-1B petition when their workers are moved to a new location, according to a recent court ruling. The D.C. Circuit court found that USCIS did not violate any rules with this policy.

In 2015, USCIS classified a change in an H-1B worker’s employment location as a “material change” and mandated employers to file an amended petition. Industry group, ITServe Alliance argued that this requirement violated the rules for making new policies. The D.C. Circuit Court determined that the refile requirement is an adjudication and does not violate any regulations. This decision aligns with a 2022 ruling by a U.S. District Judge, who also found no violation of the notice and comment requirements of the Administrative Procedure Act.

ITServe Alliance filed a lawsuit in late 2020, claiming that H-1B employees frequently need to change their work locations. They argued that the amended petition requirement adds paperwork and extra fees every time an H-1B visa holder moves to a new location. They also argued that without a notice and comment period, this requirement should not be enforced. The Circuit Court stated that federal agencies are allowed to introduce new requirements during adjudication. Additionally, the court said that the material change regulation supports USCIS in monitoring changing facts and enforcing rules for H-1B visa holders.

If you have any questions about H-1B visas or any other immigration-related matters, please contact us. We actively monitor policies and updates and work with our clients every step of the way to ensure they stay compliant with the law.