Executive Summary: USCIS recently published Guidance purporting to rely on Matter of Simeio Solutions, addressing when employers must file an amended H-1B petition on behalf of H-1B workers who are transferred to a new work location not listed in the original approved petition. Although the Guidance contains numerous legal flaws, it states that the agency will not take adverse action against employers or employees for failure to file an amended petition, if the employer files a required petition prior to August 19, 2015. However, to be entitled to this reprieve, the employer must also establish that it relied in good faith on non-binding agency correspondence in not filing to amend before relocating the H-1B worker.
Home > Federal Law Articles > Immigration > Visas > Resource Update: USCIS Issues Flawed Guidance on Filing Amended H-1B Petitions Post Matter of Simeio