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.
Please contact the Firm if you need additional information or would like to set up a consultation to discuss further.