On June 27, the US Court of Appeals for the District of Columbia upheld a new USCIS rule that requires employers to file a new H-1B visa application when an H-1B worker changes locations. The rule came into effect after the USCIS Administrative Appeals Office held that such relocation should be considered a “material change” that could alter the prevailing wage requirement for the position, thus requiring a new application.
What they’re saying:
- Plaintiffs in the Court of Appeals case argued that this new requirement was cumbersome; that regulating employee relocations after a visa was approved was outside the authority of USCIS; and that the rule should have come after a public rulemaking procedure, not via an administrative adjudication.
- The Court of Appeals disagreed, holding that the rule was within USCIS’s authority to regulate employer obligations even after a visa had been approved and that the new requirement did not require a public procedure since it was merely re-interpreting the existing rules.
Erickson Insights & Analysis
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.