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News > Latest News
USCIS' New Guidance on Filing H-1B Amendments Due to Changes in Place of Employment, Posted May 22, 2015

USCIS has issued guidance that employers are now required to file amended H-1B petitions whenever a new Labor Condition Application (LCA) is required due to a change in the H-1B worker’s place on employment. This is because USCIS’ Administrative Appeals Office (AAO) in a precedent setting decision on April 9th in a case called Matter of Simeio Solutions, LLC., ruled that such a change in place of employment constitutes a material change in employment. As employers are already aware from their current H-1B practices, whenever there is a material change in terms and conditions of employment, employers are required to file an amended H-1B petition. 

In its guidance, USCIS has also directed employers whose H-1B workers were either changing worksite locations at the time of the Simeio decision or already changed locations prior to the decision, to file an amended petition by August 19, 2015. 

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