H-1B Guidance Leaves Pre-Simeio Obligations Opaque

Law360, New York (July 24, 2015, 6:35 PM EDT) -- Final guidance has been issued with regard to H-1B jobsite moves. The guidance was issued as a result of an April 9, 2015, precedent decision from U.S. Citizenship and Immigration Services in the matter of Simeio Solutions LLC, ruling that employers must file an amended H-1B petition whenever there is a material change in an H-1B foreign worker's jobsite location. Simeio mandated that, in addition to submitting and posting a new labor condition application ("LCA") with the U.S. Department of Labor, as had been the practice for 25 years, the I-129 petition filing with USCIS must also be redone. The burden for employers whose H-1B talent is customer-facing, and thus may move from site to site, is significant, both in terms of process burdens and fees for the I-129s (the LCA has no fee requirement)....

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