AAO: H-1B Amendment Required for Location Changes

Earlier this month, the Administrative Appeals Office (AAO) of the United States Citizenship and Immigration Services (USCIS) issued a precedent decision that once again highlights the importance of diligent compliance and maintenance of relevant immigrant documents, especially for IT staffing companies who routinely move workers in H-1B status to different worksites.

In Matter of Simeio Solutions, LLC, the AAO held that a post-issuance change of physical place of employment for an H1B visa beneficiary can constitute a material change in employment. The consequence of this material change of employment can trigger the necessary filing of a new Labor Condition Agreement (LCA) and a new or amended H1B application.

We will write a more detailed article on this case soon.  However, it is a precedent AAO decision that the USCIS must follow.  Therefore, companies that frequently move workers to different worksites should speak with their immigration counsel immediately to review their immigration strategy.