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Immigration Law Update: USCIS Issues Final Guidance When to File an Amended or New H-1B Petitions August 24, 2015

Financial District, Manhattan
Immigration Law Update: USCIS Issues Final Guidance When to File an Amended or New H-1B Petitions, Manhattan, New York

If you're concerned about whether your right to work is protected under the recent changes in legislation, here's what Berd & Klauss, PLLC thinks you need to know about H1-B nonimmigrant temporary worker petitions:

  • July 21st, 2015: U.S. Citizenship and Immigration Services (USCIS) issued a policy memo providing final guidance on circumstances in which a petitioner is required to file an amended or new H1-B nonimmigrant temporary worker petition. 
  • What Prompted This Change?: This memo a decision on the Matter of Simeio Solutions, LLC, in which a beneficiary's approved petition was revoked. The reason the petition was revoked is because it reassigned worksites outside the petition’s described area, and USCIS and Homeland Security found that changing location constitutes a material change that is directly relevant to the approval of the petition.
  • What That Means For The Citizens Of NYC: This decision clarifies certain issues, but doesn't constitute a fundamental change to immigration law. In general, the USCIS memo states that any change in worksite location must be accompanied by the filing of a new or updated petition. However, the beneficiary does not need to wait for final approval to begin work at the new site.

There are, however, a few exceptions:

  • If an employee moves to a new location within the same area of employment.
  • Short-term work placements lasting 30-60 days or less, depending on the specific conditions of employment.
  • Traveling to non-worksite locations.
  • USCIS will consider new filings regarding changes made before the issuance of the Simeio decision to be timely, and is extending a safe harbor period until January 16, 2016.

For assistance from experienced immigration lawyers, visit Berd & Klauss, PLLC online now, or call (212) 461-7152 to schedule a consultation today.