H-1B Amendments Regarding Worksite Location Changesby Stephanie DiPietro

Summary of Changes

The U.S. Citizenship and Immigration Services (USCIS) has issued final guidance in compliance with the recent decision in Matter of Simeio Solutions as to when to file an amended H-1B petition based on changes in worksite location.

A “material change” in the terms and conditions of employment has always required an amended H-1B petition.  However, the Simeio Solutions decision made clear that a change to a worksite location can be considered a “material change.”

An employer is required to file an amended H-1B petition where:

  1. The updated location is outside f the metropolitan statistical area (MSA) covered in the Labor Certification Application (LCA)
  2. The duration that the H1-B employee will work at the updated location exceeds 30 days (or in some cases 60 days)

Once the amended H-1B is filed, an applicant may start working at the new location immediately  and need not wait for the approval notice.

If you have any questions about this final guidance, please contact our office at stephanie@dipietro.co

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