H-1B Amended Required When Beneficiaries Move Work Locations

On April 9, 2015, the Administrative Appeals Office (AAO) issued definitive guidance on whether a move in work locations constitutes a “material change in the terms and conditions of employment” for H-1B filing purposes.  Before this decision, H-1B Petitioners have relied on policy guidance that could be interpreted as not to require an amended H-1B petition whenever H-1B Beneficiaries moved work locations.

Not anymore.

According to the AAO in its Matter of Simeio Solutions, LLC decision, “[a] change in the place of employment of a beneficiary to a geographical area requiring a corresponding LCA be certified … with respect to that beneficiary … is therefore a material change … When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H-1B petition with the corresponding LCA.”

Now, whenever an H-1B Beneficiary moves to another geographic work location, the H-1B Petitioner must file a new or amended H-1B petition along with a new certified LCA reflecting the change in work location.

This will be particularly cumbersome for the IT industry, where H-1B Beneficiaries routinely change work locations as per the industry's business model.

We will keep you posted on this on April 15th , 2015.

 

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Our experienced team of immigration lawyers in Houston & Dallas advises clients throughout the H-1B visa application process, including responding to various requests for evidence and consular processing issues. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.