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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...

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta

"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 places of employment constituted a material...

When an Amended H-1B Petition is Not Required, Even After Simeio Solutions: Cyrus D. Mehta

" 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 AAO Firmly Tethers H-1B Workers To The LCA Like A...

USCIS Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

"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 (LCA) is required due to a change in the H...

Will USCIS Make Simeio Prospective Only? - Law360

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 spell relief for employers facing a tough August...

Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

"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 new place of employment not covered by an existing...

Guidance On H-1B Work Moves Leaves Penalties In Play - Law360

"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 attorneys to weigh possible client costs against...

Cyrus D. Mehta - To Amend or Not to Amend: USCIS Issues Final Simeio Guidance

"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 issued on April 9, 2015, the Administrative Appeals...

DOS Cable: New Guidance on H-1B Adjudications Involving Changes in Place of Employment

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 when a new labor condition application (LCA) is...

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 here , here...