8 C.F.R. §214.2(h)(2)(i)(E) says that an amended or new petition must be filed only if “material changes” in the terms and conditions of employment or training or the alien’s eligibility as specified in the original approved petition.
Guidance issued by Yvonne LaFleur, Chief, Nonimmigrant Branch Adjudications, addressed the topic of what constitutes a material change as stated in the regulation. LaFleur, defined a material change as “a change that directly impacts the alien’s continued eligibility for H-1B classification.”[i]
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Letter from Yvonne M. LaFleur, Chief, Nonimmigrant Branch Adjudications (INS) to Susan J. Cohen (Oct. 12, 1995), reprinted in 72 Interpreter Releases 1600 (Nov. 20, 1995)
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