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Do I Need to File an Amended Petition to USCIS Because of the Job Location Change? 

Hi William,

I filed my
Form I-140 immigrant petition abou 2 months ago, now my job location has moved because of the business requirement. Do I need to file an amended petition to USCIS because of the job location change?

Answer,

Not every change to the Form I-140 petitioner’s name or, in certain cases, the location where the beneficiary is to be employed requires a new or amended petition. Specifically, the petitioner does not need to file a new or amended Form I-140 Immigrant Petition for Alien Workers due to:

1) A legal change in the name of the petitioner, including a petitioner’s business name, if the ownership and legal business structure of the petitioner remains the same; or

2) A new job location, if the new business location and job are within the same metropolitan statistical area of intended employment stated on the permanent labor certification.

After the Form I-140 approval, when the beneficiary files a Form I-485 Application to Register Permanent Residence or Adjust Status with USCIS or applies for an immigrant visa with the U.S. Department of State, the beneficiary may need to document that the petitioner is the same petitioner that filed the petition or that the job opportunity is still located in the area of intended employment specified on the permanent labor certification.







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