Court Affirms USCIS Authority for Amended H-1B Petitions Due to Change in Location

Court Affirms USCIS Authority for Amended H-1B Petitions Due to Change in Location

In the case of ITServe v. DHS on June 27, 2023, the D.C. Circuit ruled that USCIS retains the discretion to review LCA-related matters when making decisions on approving, disapproving, or revoking H-1B petitions. Consequently, if there are changes in the place of employment that require the filing of new Labor Condition Applications (LCAs), USCIS may request new or amended petitions to reflect these modifications.
Remzi Guvenc Kulen, Esq.
Kulen Law Firm, P.C.