NewsFlash! USCIS Revises Deadline, Requirements for H1B Amendments Following Employee Relocation

This afternoon, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that provides final guidance on when an amended petition is required following the relocation of an H1B worker. The memo extends the deadline for employers that need to file amended H1B petitions, and also eliminates the requirement for such amendments altogether for worksite changes made prior to the creation of this new rule.

Under this new memo, if an H1B worker moved to a location not covered by the existing petition prior to or on April 9, 2015, which was the date Matter of Simeio Solutions was published, the “…USCIS will generally not pursue new adverse actions (e.g., denials or revocations) solely based upon a failure to file an amended or new petition.” In other words, an amendment based on a location change would typically only be required if the move occurred after April 9th. Note, however, that if adverse action was initiated in such a case prior to July 21, 2015, this memo would not serve to protect the individual or the employer.

If an H1B worker has moved or will move to a new location not covered by an existing H1B petition on any date after April 9, 2015, but before August 19, 2015, the employer would be required to file an amended petition by January 15, 2016. Finally, if an H1B worker needs to be relocated on or after August 19, 2015, an amended or new petition must be filed before the individual is moved to the new location.

MurthyDotCom will post a more detailed analysis and explanation of this policy memo in the near future. Subscribe to the free MurthyBulletin to stay updated on these important changes to immigration law.


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