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Immigration Law

Avoid The Confusion: Complying With The Simeio Decision One Year Later - Michelle S. Velasco

Michelle S. Velasco, July 11, 2016 - "Employers of roving H-1B employees have scratched their heads in confusion over the Administrative Appeals Office’s April 9, 2015 decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), discussed in detail in this blog herehere and here.  This is because while the decision lays out the requirements for filing an amendment when an H-1B worker’s worksite changes, but is mute on a variety of other situations that employers may face. ... Now that it has been more than 1 year since the decision and at least six months since the safe harbor due date in January 2016, it would be helpful to assess compliance in various situations including those where it may not be entirely clear whether an amendment pursuant to Simeio is required. To that end, here are some fact patterns where some H-1B employers may wonder whether precisely an amendment is warranted. ... [More...]"