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USCIS Announces New Rules for H-1B Working-Visa Holders

June 2015, 03
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New Rules for US H-1B Working-Visa Holders
The US government has drafted plans for new H1-B visa rules. According to the draft strategies, employers of H-1B visa holders should now file a reformed visa application and a Labor Condition Application (LCA), if an overseas worker shifts to a work site outside the region covered by the original visa.

As per the new amendments, an employer has to pay $325 to file H-1B visa application with the USCIS. Formerly, Labor Condition Application was filed by the skilled worker visa holder with the Department of Labor while he or she changed their job locations and there was no fee for filing an LCA.

The immigration agency said that in line with the draft guidelines declared on 27 May 2015, after the reformed visa application is filed, an overseas employee can right away start their work at the new place. 

Until 26 June 2015, the immigration agency is looking for comments on the draft guidelines, after which they are likely to come into force.

Sources said that a number of additional H-1B visa petitions are required to be filed by employers.  

The draft rules will be valid retrospectively to all H-1B visa holders who transform their work site prior to 21 May 2015 when USCIS granted a web alert regarding the amendment. 

H1-B visa holders who shift their location after 21 May 2015 should also submit reformed applications. Until 19 August 2015, employers can file fresh applications.

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