Mandatory H-1B Amended Petition Requirement for Geographic Worksite Relocations (Matter of Simeio Solutions, LLC)

Policy effect

USCIS issued binding guidance in Policy Memorandum PM-602-0120 implementing the AAO precedent decision Matter of Simeio Solutions, LLC, requiring H-1B petitioners to file an amended or new Form I-129 petition with a certified Labor Condition Application (LCA) before placing an H-1B employee at a new place of employment not covered by an existing, approved petition. Phase scope: Nationwide; applied to all H-1B employers and beneficiaries changing geographical worksite locations.

Conditions and exceptions

Validated condition or limit: USCIS issued binding guidance in Policy Memorandum PM-602-0120 implementing the AAO precedent decision Matter of Simeio Solutions, LLC, requiring H-1B petitioners to file an amended or new Form I-129 petition with a certified Labor Condition Application (LCA) before placing an H-1B employee at a new place of employment not covered by an existing, approved petition.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

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, approved H-1B petition. On May 21, 2015, USCIS issued draft guidance on this topic and solicited public comment regarding the implementation of Simeio. After reviewing and carefully considering the feedback submitted, USCIS is now issuing Policy Memorandum 602-0120, USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC .

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2015

• 2015-01-18Five countries added to H-2A and H-2B eligible country list
• 2015-04-01Syria TPS redesignation expands eligibility
• 2015-04-29Temporary Non-Agricultural Employment of H-2B Aliens in the United States
• 2015-05-26Employment Authorization for Certain H-4 Dependent Spouses
• 2015-06-24Nepal designated for Temporary Protected Status
• 2015-08-21BIA Precedent on Subsequent Asylum Filings and REAL ID Act Applicability (Matter of M-A-F-)
• 2015-08-31USCIS Binding Adjudication Guidance on L-1B Specialized Knowledge Classification
• 2015-10-01Implementation of Dual-Chart Immigrant Visa Filing System ('Dates for Filing' vs. 'Final Action Dates')
• 2015-11-09Administrative Processing of Request for Certificate of Loss of Nationality Fee Expansion