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Immigration Law

AAO (Published) on 'Material Change,' H-1B - Matter of Simeio Solutions, LLC

Official Headnotes:

(1) A change in the place of employment of a beneficiary to a geographical area requiring a corresponding Labor Condition Application for Nonimmigrant Workers (“LCA”) be certified to the U.S. Department of Homeland Security with respect to
that beneficiary may affect eligibility for H-1B status; it is therefore a material change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014).

(2) When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA.

- Matter of Simeio Solution, LLC, 26 I&N Dec. 542 (AAO 2015).