Now that we’re in the full swing of H-1B season, with deadlines looming and petitions to be perfected, there are some finer points to iron out. H-1B status changes and public access files are two areas that can cause some confusion.
Here’s a quick look at how to deal with both and keep your eye on compliance:
File H-1B status changes
Some employment-based visas, like the H-1B visa, are specific to the location, role or salary specified in the initial petition. When there is a change in any of these categories for an H-1B holder at your company, this may be considered by the authorities to be a “material change” to the original conditions of the petition. You should consult with your immigration provider for advice on whether you will need an amendment to be filed with the USCIS.
Tracking employee status changes is a key part of corporate immigration compliance, and it helps with knowing when you need to amend your paperwork. In the case of H-1B status changes, you could be required to submit an amended petition.
Maintain compliant public access files
If you sponsor any H-1B, H-1B1 or E-s visa-holding employees, it’s your job to create and maintain public access files.
The requirements for each of these visas stipulate that by the day the labor condition application (LCA) is filed, you must make your public access files available for the public to view upon request.
In your public access files for your employee, you should include the notice of filing, a copy of the certified LCA, prevailing wage documentation, a summary of benefits and other supporting documents, depending on your organization’s needs. (Here’s a checklist to help you create a compliant PAF).