Final USCIS Guidance on When to File Amended H-1B Petitions for Worksite Changes

As previously reported, on May 22, 2015, U.S. Citizenship and Immigration Services (USCIS) posted draft guidance on when to file an amended H-1B petition after the decision in Matter of Simeio Solutions. On July 21, 2015, USCIS issued final guidance in the form of a Policy Memorandum. In the Policy Memorandum, USCIS extends the grace period provided to employers to comply with Simeio.

The Policy Memorandum confirms that an amended petition must be filed if the H-1B employee has moved or is going to move to a work location outside of the Metropolitan Statistical Area (MSA), even if a new LCA has already been certified and posted at the new location. The Policy Memorandum also clarifies that the employee can immediately begin work at the new location, once the amended petition filing has been made. The employer does not have to wait for a decision on the amended petition before the employee may start work at the new location. An amended petition is not always required whenever an employee moves work locations. The Policy Memorandum provides some examples of when an amended petition is not required.

Read more about this important Policy Memorandum and how you may be impacted at www.knowingimmigrationlaw.com.