Amended H-1B Petition Required for Change of Work Location

Amended H-1B Petition Required for Change of Work Location
April 13, 2015

In a precedent decision, Matter of Simeio Solutions, LLC, the Administrative Appeals Office (AAO) revoked an IT company’s H-1B approval, finding there was material change in the H-1B beneficiary’s employment as a result of a location change to areas not covered by the original Labor Condition Application (LCA), and that an amended or new H-1B petition was required.

 

In Matter of Simeio Solutions, LLC, the employer attested in its original H-1B petition that the employee would work at Long Beach, California, but subsequently confirmed that the employee was no longer working there, and submitted a new LCA for Camarillo, California, and Hoboken, New Jersey, without filing an H-1B amendment.

 

Additionally, in the original H-1B petition, the company attested that it would pay the employee an annual salary of $50,232, which is $9,000 less than the wage required (prevailing wage) in the two new locations.  Because the original wage attestation was no longer sufficient nor corresponded with the new LCA for the two new locations, the change in place of employment was deemed to have affected the validity of the employee’s H-1B.

 

Based on these facts, the AAO found that a material change in the terms and conditions of employment had occurred, which triggered the employer's obligation to "immediately notify USCIS and file an amended or new H-1B petition, along with the corresponding LCA certified by the Department of Labor, with both documents indicating the relevant change."

 

As a result of this decision, a worksite change to a geographical area that requires the filing of a new LCA, constitutes a "material change in the terms and conditions of employment," and the employer must file an amended H-1B petition.