H1-B and change of location: AAO decision causes concern

A decision on H-1B by the Administrative Appeals Office of the USCIS has created concern among both employers and employees.

In a recent case the AAO has decided that a new H-1B petition must be filed every time an H-1B employee changes worksites, if the new worksite is outside of the original metropolitan area.

The decision will end a two decade old practice which allowed H1-B workers to amend their petitions to move to other locations for work. With this decision, the industries have to file new petitions spending additional amount and waiting for its approval.

The case:

Matter of SIMEIO SOLUTIONS, LLC Decided April 9, 2015 U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Administrative Appeals Office

http://www.justice.gov/eoir/vll/intdec/vol26/3832.pdf