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 pertaining to filing changes of address on Form AR-II and special registration, if applicable. .~~--_.. _-_._---~ ..._-- Ms. Lynn Shotwell Page 2 l>leasc be aware that the USCIS will explore the issue of the need to file amended H-IB petitions in the context of regulations implementing the American Competitiveness in the Twcnty­ First Century Act (AC21), and related legislation. Our position on this issue, therefore, is subject to change. We hope that this information has bcen useful to you. If you have H.lrther questions coneeming this matter, please do not hesitate to contact this office at the above address. Sincerely, Efron Hernando? III Director, Business and Trade Branch