On April 10, 2015, the USCIS Administrative Appeals Office issued a precedent decision, Matter of Simeio Solutions, LLC, which revoked the H-1B petition for an employer that failed to list the locations of actual employment for one of its employees.
In doing so, the AAO announced a broad rule applicable to all H-1B employers: any change in the employment location of the beneficiary which would normally require a corresponding LCA certification is a “material change” that requires the submission of a new H-1B petition.
This new rule is legally binding, and therefore, USCIS adjudicators will require any movement of an H-1B employee to a new geographical area must be accompanied by an amended H-1B petition. This will be necessary even if there are no other changes in the terms and conditions of employment, and regardless of whether the employer’s salary exceeds the required wage in the new geographic area.
Employers should review their practices with regard to H-1B employees, including tracking when they are assigned to new worksites not previously covered by a Labor Condition Application, and how many geographic locations of potential employment they identify in their H-1B petition filings.
For further information, please contact your Klasko Immigration Law Partners attorney.