The United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum on July 21, 2015 to clarify when an H-1B employer must file an amended or new h-1B petition following the precedent decision Matter of Simeio Solutions, LLC (decided on April 9, 2015).
The memorandum provides the following rules:
- If an employee changed location before April 9, 2015: No amendment is required as long as an LCA has been filed, certified, and posted prior to a change in location.
- USCIS will not generally pursue new adverse actions initiated prior to July 21, 2015.
- For employees placed at end client sites, a new LCA must post the original LCA in the new work location within the same area of intended employment.
- If an employee changed location on or after April 10, 2015 or will change location on or before August 18, 2015: An amendment is required and must be received by USCIS no later than January 15, 2016.
- If an employee changes location on or after August 19, 2015, an amendment must be filed before the employee can begin working at the new location. The employee may begin work upon issuance of a receipt notice.
USILaw recommends that employers should file an amendment whenever a new LCA is required.
Please feel free to contact USILaw with any questions or issues that you may have. You may reach us via telephone at +1 (202) 618 4540 or via email at info@USILaw.com.