U.S. Department of Homeland Security
Citizenship and Immigration Services
4251 Street NW
ULLlCO. 3,,1 Froor
Washing/oil, D,C. 20536
October 23,2003
Ms. Lynn Shotwell
American Council on International Personnel, Inc.
515 Madison Avenue, 6th Floor
New York, NY 10022
Dear Ms. Shotwell:
We regret the delay in responding to your July 12 letter regarding the requirements for filing an
amended petition when an I-I-IB employee transfers to a new location not included on the original
Form 1-129, but which is covered by a labor condition application (LCA) that was in place prior to
the employee's move.
Based on the information you provided, an amended Form J·129 petition would not be required
simply on the basis of the geogmphic move. As long as the LeA has been filed and celiified for the
new employment location, the appropriate worksite posting has taken place, and other wage and
hour obligations are met, no amended petition \vould be required regardless of when the LeA was
filed and certified, as long as the cCl1ification took place before the employee was moved. Please
nole, howevcr, that if any other change takes place that constihltcs a material change in the terms
and conditions of employment and that affects the beneficiary's eligibility for H~ I B classificatioll, all
amended petition would be required.
Please also note, as discussed in a legacy INS con'cspondence, that the U.S. Citizenship and
Immigration Services (USCrS) does not encourage "speculative employment/' and the better
practice would be for employers to include alternative locations in itineraries filed with thc original
Form )-129 petition if they are planning to move employees. Note that the itineraries must he
reflected in a multiple location LCA or multiple LCAs that have already been appropriately posted
and certified. The USCIS must be apprised of the move when the subsequent LCA is filed with a
request for an extension. Additionally, in all instances, foreign nationals who change their place of
residence must comply with immigration regulations