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Precedent set for filing Amended H-1B Petitions

The USCIS Administrative Appeal Office has handed down guidelines regarding when to file an amended H-1B petition after rendering the Simeio Solutions Decision. This ruling set a precedent for how employers are mandated to file an amended petition before placing an H-1B employee at a new worksite.

Employers need to file an amended H-1B petition of the employer covered by the visa changes or will be changing their place of employment to a worksite outside the metropolitan statistical area (MSA) or an "area of intended employment," even if a new Labor Condition Application is already certified and posted at the new location.

You are not required to file an amended petition for a move within the same MSA, if the employee is to work at a new site for no more than 30 days, or 60 days in some cases; or if the employee is only going to a non-worksite location.

Employers should recognize that if an employee was changing locations during the Simeio Solutions decision, they have 90 days to file an amended petition. For those employees who changed locations before the decision, will not be accountable to the USCIS.

Failing to file for applicable employees can leave you subject to adverse action by the USCIS along with the H-1B employees.

For questions about filing an amended H-1B petition, you can visits the USCIS contact page at: https://egov.uscis.gov/cris/contactus.

For more information, speak with a Dallas immigration attorney from the firm today if you are unsure whether you will need to file an amended petition.

Categories: Immigration
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