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ARTICLE · 18 APRIL 2015

Amended H-1B Petition Required For Changes In Employment Location

Littler Mendelson
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The decision means that employers are required to file a certified LCA, as well as an amended H-1B petition, prior to moving an employee to a new work location, which represents a departure from prior USCIS guidance.

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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In an April 9, 2015, precedent decision, the Administrative Appeals Office ("AAO") affirmed the California Service Center's decision to revoke an H-1B petitioner's approved petition for failure to file an amendment to report a change in the beneficiary's employment location. See Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015). The California Service Center is a regional processing center of the U.S. Citizenship and Immigration Services (USCIS). The decision means that employers are required to file a certified LCA, as well as an amended H-1B petition, prior to moving an employee to a new work location, which represents a departure from prior USCIS guidance.

Prior to this decision, an H-1B employer was not required to file an amended H-1B visa petition for a change in geographic employment, provided the following conditions were met:

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