The United States citizen and immigration Services (USCIS) has issued a final guidance regarding H-1B petition amending or new H-1B petition for employees who change job sites. The final guidance issued, would be effective from 21 July 2015 following the recent administrative appeals office (AAO) decision on April 9, 2015.
These new requirements will affect only H-1B employees who wanted to move a job site outside the “Area of intended employment” for which their original petition was filed on their behalf in the matter of Simeio Solutions.
As a result of the decision by Administrative Appeals Office (AAO), the new Labour Condition Application (LCA) for non-immigrant workers is required during a change in their work site. It is also made retroactive, LCAs are even mandatory for those changed the locations prior to the decision; employers must file an amended H-1B petition before August 19, 2015.
After many arguments were presented regarding to the retroactivity, USCIS issued the final guidance that, in case a petitioner's H-1B worker moved to a new work site prior to the date of issuance on the matter of simeio solutions, USCIS will not pursue any adverse actions solely on the basis of failure to submit an amended or new H-1B petition. Thus, it is only those H-1B workers changed locations after April 9, 2015, are required to file LCA applications.
USCIS recognizing the deadline 19 August 2015 is not achievable; it extended the deadline to January 15, 2016, removing the threat of impending deadline and retroactivity.