H-1B Visa Can Be Revoked When Transferring an Employment-based visa Employee to a New Work Site


“When organizations expands as evidence of growth, there are instances where management need certain specific competency at a new site of the organization. Oftentimes within the technology sector they transfer some of their visa holders and become an integrated workforce at the new location.”

Learning and complying to various requirements prior to relocating a visa holder employee must be done. In this way, lesser headaches as time go by. Unfortunate circumstances will disrupt your business without doing what are required ahead of time.

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By: Juntee Terrenal, GMS, Strategic International Business Leader, Adviser & Coach

Employing H-1B employees augments shortage of workforce in various industries within american organizations. When organizations expands as evidence of growth, there are instances where management need certain specific competency at a new site of the organization. Oftentimes within the technology sector they transfer some of their visa holders and become an integrated workforce at the new location.

_2015 H1BTransfer

In July 2015, USCIS released a Policy Memorandum guiding employers that reinforce requirements and compliance when transferring employment of H-1B holders to new geographical area. Without complying prior to relocation is tantamount to a revocation of the issued employment visa of specific H-1B holder or denial of an application for consideration.

Reminder and Highlights: 

  1. the employer must file a new LCA with the Department of Labor (DOL) listing the job location and prevailing wage information, in addition to an amended H-1B petition with USCIS…

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