NewsFlash! H1B Amendments Required to Move Workers

The Administrative Appeals Office (AAO) released a precedent decision today, April 9, 2015, requiring employers to file amended H1B petitions for changes in employment location. The AAO determined that amended H1B petitions are required when employers move H1B workers to locations not listed in their H1B petitions and underlying certified Labor Condition Applications (LCAs). The decision, Matter of Simeio Solutions, LLC is available online.

In recent years, the USCIS has stepped away from the once-sanctioned practice of relocating H1B workers to new worksites based solely upon a newly certified LCA. The AAO decision sets forth a clear policy in this regard. The far-reaching effects of this decision, for both employers and H1B employees, will be examined in next week’s edition of the MurthyBulletin.

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