On April 9, 2015, the Administrative Appeals Office (AAO), which is responsible for the review of certain decisions rendered by U.S. Citizenship and Immigration Services (USCIS), issued a published decision in the Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), holding that:
- A change in the place of employment of a beneficiary to a geographical area requiring a corresponding Labor Condition Application (“LCA) to be certified with respect to that beneficiary may affect eligibility for H-1B status; it is therefore a material change for purposes of the immigration regulations.
- When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA.
In Matter of Simeio Solutions, LLC, the petitioner had obtained an H-1B approval of a petition, in which it identified an address in Long Beach, California (Los Angeles-Long Beach-Santa Ana, CA Metropolitan Statistical Area) as the beneficiary’s place of employment. The petitioner stated that the beneficiary would provide services for a specific client and emphasized that “[the beneficiary] is and will continue to work from [the petitioner’s] Long Beach office.” The petitioner did not request other worksites and did not submit an itinerary.
Read more details about this decision for job location changes on our Immigration Blog.