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ARTICLE · 21 AUGUST 2015

USCIS Issues Final Guidance On H-1B Amendments Under Matter Of Simeio

Duane Morris LLP
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.S. Citizenship and Immigration Services (USCIS) has released its final guidance on when to file an amended or new H-1B petition after the Matter of Simeio Solutions, LLC decision.

United StatesImmigration
Valentine Brown
Valentine Brown
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U.S. Citizenship and Immigration Services (USCIS) has released its final guidance on when to file an amended or new H-1B petition after the Matter of Simeio Solutions, LLC decision.

Change in CIS Policy on worksite/location changes:  On April 9, 2015, the USCIS' Administrative Appeals Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, ruling that when an H-1B employee changes work site locations, it is considered a material change that may require the filing of an amended or new H-1B petition with USCIS.

Previous USCIS Guidance:   Under the previous USCIS guidance, if a new Labor Condition Application (LCA) was filed with the U.S. Department of Labor (DOL) prior to the work site location change, no amended or new H-1B petition was required to be filed with USCIS.

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