In a recent decision, an H-1B employee was denied a visa because his employer transferred him to a new Metropolitan Statistical Area (MSA). In Matter of Simeio, the USCIS held that an employer must not only obtain and post a new LCA, but that it must also file an amended H-1B petition. This was a departure from previous guidance, which suggested that obtaining and posting a new LCA was sufficient.
The USCIS recently issued new guidance on implementing Simeio. It is important for H-1B employers and employees to pay careful attention to this guidance. If employers do not comply, they could be facing significant fines and penalties. The H-1B employee could be deemed out of status and subject to removal.
Prudent H-1B employers and employees will consult with counsel before making changes to the conditions or locations of employment.
