NewsAlert! Worksite Change Requires Amended H-1B Petition

On April 9, 2015, the Administrative Appeals Office (AAO) released a precedent decision (Matter of Simeio Solutions, LLC, 26 I & N Dec. 542 (AAO 2015) in which it concluded a change in the terms and conditions of employment of an H-1B beneficiary, including, change in geographical area not covered in the original LCA constitutes a “material change in the terms and conditions of employment,” requiring the employer to file an amended H-1B petition. 

In this case, the employer in the original H-1B petition attested that it would employ the beneficiary on an in-house project at its facility, with an annual salary of $50,232.  Thereafter, in response to the United States Citizenship Immigration’s (USCIS) site visit, it confirmed that the beneficiary of the petition was no longer working on the project or location mentioned in the original H-1B petition.  With its response, the employer submitted a new LCA that provided two new worksites, located in metropolitan statistical areas different from the worksite listed on the original petition. 

The AAO concluded, a change in place of employment of the beneficiary affected the employees underlying eligibility for H-1B status and therefore was a material change in the terms and conditions of employment, triggering employer’s obligation to “immediately” notify USCIS and file an amended petition.

This precedent decision of AAO will have far reaching consequences on the way in which H-1B petitions are processed.  As in our previous article on this subject, Worksite Change: Is Amended Petition Required?, we continue to highly recommend our clients to file a new LCA and an amended petition prior to the geographic relocation of H-1B beneficiary.