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Changing H-1B Work Locations? This New Rule Impacts You!

4/20/2015
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On April 9, 2015, the Administrative Appeals Office (“AAO”) issued a precedent-setting decision, Matter of Simeio Solutions, LLC, impacting H-1B workers and their employers.  According to the decision, a change in the work location of an H-1B worker now requires the filing of an amended H-1B petition with the U.S. Citizenship and Immigration Services (“USCIS”).  Previously, H-1B employers were permitted to simply file a new Labor Condition Application (“LCA”) for a change in H-1B work location.  Under Simeio, this practice is no longer allowed.

Each amended H-1B filing requires a $325.00 filing fee to the USCIS.  Additionally, amended H-1B petitions are subject to the same rigorous scrutiny as any new H-1B petition submission and require the same extensive documentation, such as proof of client contracts for H-1B workers stationed offsite.  Furthermore, if the amended petition is approved, the H-1B expiry date will remain the same as the original H-1B.  Thus, employers could end up filing multiple H-1B petitions for the same authorized work period.  For businesses that require H-1B employees to frequently change work locations, this new rule could mean processing changes and advanced planning for the employers.

It is important to note, however, that a work location change within a normal commuting distance from the location listed in the existing H-1B petition remains unaffected by Simeio.  There is no specific measure of distance defining a normal commuting distance—it depends on the circumstances in the individual work location area.  Not sure whether you require an amended H-1B petition or other possible ways around this new requirement? The GoffWilson team is here to help. Contact our office today for assistance. Immigration is what we do!

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