H-1B Amendment Is Now Required In Change Of Work Location Situation

In a recent Administrative Appeal Office (AAO) decision, Matter of Simeio Solutions, LLC, the court held that a change in the beneficiary's place of employment to a different MSA is a material change with respect to the immigration regulations, and, thus, requires that the sponsoring petitioner file an amended or new H-1B petition with a corresponding Labor Certification Application (LCA) for the new location.

Prior to this decision, it was a long standing practice that no amended or new petition was required for a change in work location so long as a new LCA was certified for the new work location before the beneficiary's reassignment to that work location.

On May 26, 2015 USCIS posted draft guidance on the impact of on the Simeio Solutions decision to clarify when an amended H-1B petition is/is not required: