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United States Citizenship and Immigration Services › Employee Relocations

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Constangy, Brooks, Smith & Prophete, LLP

Court upholds USCIS regulation requiring amended petition for change in location

Constangy, Brooks, Smith & Prophete, LLP on

The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more

Franczek P.C.

The Department of Homeland Security offers important guidance relevant to foreign national job portability

Franczek P.C. on

On November 20, 2015, the Department of Homeland Security ("DHS") issued a significant draft policy memorandum ("PM") containing proposed guidance on the definition of "same or similar" under INA Section 204(j), which is...more

Proskauer Rose LLP

H-1B Update – Is an Employer Required to file an H-1B Amendment Petition Due to a Change in Work Location which Occurred Prior to...

Proskauer Rose LLP on

USCIS, on July 21, 2015, issued final guidance as to the implementation of Matter of Simeio Solutions, LLC (Simeio). The Simeio decision requires employers to file an amended H-1B petition anytime an employee is moved to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Issues Final Guidance on Recent AAO Decision in Simeio

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On Tuesday, July 21, 2015, U.S. Citizenship and Immigration Services (USCIS) issued its final guidance on the recent Administrative Appeals Office (AAO) decision in Matter of Simeio Solutions, LLC. Under Simeio, employers...more

Littler

USCIS Final Guidance on When to File a New or Amended H-1B After a Change in Job Location

Littler on

On July 21, 2015, USCIS issued final guidance on when to file a new or amended H-1B petition after the Matter of Simeio Solutions, LLC decision. This USCIS final guidance -- which is intended to assist employers with...more

Moore & Van Allen PLLC

Immigration Update: Precedent Decision Impacts H-1B Workers & Employers

Moore & Van Allen PLLC on

USCIS has issued a final guidance memorandum in regards to the precedent AAO decision in the Matter of Simeio Solutions, LLC. Per the Simeio decision, an amended H-1B petition must filed with USCIS when there is a material...more

FordHarrison

USCIS Issues Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC – But Cautions...

FordHarrison on

On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the...more

Mintz - ML Strategies

USCIS Releases Final Guidance on H-1B Job Site Changes

Mintz - ML Strategies on

On Tuesday July 21, 2015, U.S. Citizenship and Immigration Services (USCIS) released final guidance on a recent Administrative Appeals Office (AAO) decision requiring amended or new H-1B petitions for workers who change job...more

Arnall Golden Gregory LLP

Client Alert for H-1B Employers – Importance: High

Arnall Golden Gregory LLP on

Amended H-1B Petitions May be Required Immediately - Applies to: All employers with H-1B employees working at job sites other than those specified in H-1B filing. Action needed now: Verify that actual work site of...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Amended Petitions Required When Relocating H-1B Employees

Shumaker, Loop & Kendrick, LLP on

Most business immigration practitioners tell H-1B employers an amended or new H-1B petition, along with a corresponding Labor Condition Application (LCA), is required whenever there is a material change in the terms and...more

Polsinelli

H-1B Worksite Changes: Can Employers Expect Relief Before August 19th Deadline?

Polsinelli on

As H-1B employers scramble to create a plan of action to ensure compliance with new guidelines and interpretations surrounding H-1B workers and changes in worksite, industry leaders are calling for more temperate policy...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

AAO Decision Clarifies Requirement to File Amended H-1B Petitions for Worksite Changes

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On April 9, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision concerning an employer’s obligation to file an amended H-1B petition in certain scenarios involving a change in worksite. The...more

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