Immigration Law

Recent Posts

Simeio Survives...For Now
Posted on 20 Feb 2022 by Daniel M. Kowalski

ITSERVE Alliance v. DHS "Under federal law, an employer must file a new or amended H-1B visa petition on behalf of a U.S.-based foreign national employee whenever that employee experiences a “material change” in employment. In Simeio... Read More

Tags: H-1B , simeio

DOS Cable: New Guidance on H-1B Adjudications Involving Changes in Place of Employment
Posted on 24 Dec 2015 by Daniel M. Kowalski

Department of State, Nov. 30, 2015 - "On April 9, 2015, USCIS' Administrative Appeals Office issued the precedent decision, Matter of Simeio Solutions, LLC, (Simeio), which held that an H-1B petitioner must file an amended or new H-1B petition... Read More

AAO (Published) on 'Material Change,' H-1B - Matter of Simeio Solutions, LLC
Posted on 9 Apr 2015 by Daniel M. Kowalski

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... Read More

Guidance On H-1B Work Moves Leaves Penalties In Play - Law360
Posted on 23 Jul 2015 by Daniel M. Kowalski

"Guidance on H-1B work site changes issued by U.S. Citizenship and Immigration Services on Tuesday eased a harsh filing deadline but did not shut the door on future punishments for employers who don’t amend petitions based on old moves, forcing... Read More

USCIS Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision
Posted on 22 May 2015 by Daniel M. Kowalski

"On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC , which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers... Read More

When an Amended H-1B Petition is Not Required, Even After Simeio Solutions: Cyrus D. Mehta
Posted on 4 May 2015 by Daniel M. Kowalski

" The AAO decision in Matter of Simeio Solutions, LLC , 26 I&N Dec. 542 (AAO 2015) has already caused headaches as it will make it more costly and burdensome for employers who hire H-1B workers. An overview of the AAO decision can be found at... Read More

Tags: amended , mehta , H-1B , simeio

Will USCIS Make Simeio Prospective Only? - Law360
Posted on 12 Jun 2015 by Daniel M. Kowalski

Allissa Wickham, Law360, June 11, 2015 - " The head of U.S. Citizenship and Immigration Services reportedly said this week that the agency may apply a recent Administrative Appeals Office decision on H-1B work site changes prospectively, which could... Read More

Cyrus D. Mehta - To Amend or Not to Amend: USCIS Issues Final Simeio Guidance
Posted on 27 Jul 2015 by Daniel M. Kowalski

"U.S. Citizenship and Immigration Services (USCIS) issued final guidance on July 21, 2015, instructing when an employer should file an amended or new H-1B petition following Matter of Simeio Solutions, LLC (Simeio). In Simeio, a precedent decision... Read More

Avoid The Confusion: Complying With The Simeio Decision One Year Later - Michelle S. Velasco
Posted on 11 Jul 2016 by Daniel M. Kowalski

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... Read More

Tags: mehta , velasco , H-1B , simeio

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta
Posted on 13 Apr 2015 by Daniel M. Kowalski

"In Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the AAO affirmed the Service Center Director's decision and revoked the petition's approval. Among other things, the Director had concluded that changes in the beneficiary's... Read More

Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC
Posted on 22 Jul 2015 by Daniel M. Kowalski

"On April 9, 2015, the precedent decision Matter of Simeio Solutions, LLC (Simeio) was issued. This decision represents the USCIS position that H-1B petitioners are required to file an amended or new petition before placing an H-1B employee at a... Read More

Tags: guidance , H-1B , simeio , USCIS