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Chris Musillo on Nurse and Allied Health Immigration

H-1B AMENDMENTS REQUIRED BY JAN 15, 2016

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by Anshu Anand

H-1B employers are reminded of the USCIS’ revised Final Guidance in the Simeio Solutions decision. The decision was not to be applied retroactively but did state that amended H-1B must be filed in some instances:

Date of H-1B employee's move Action
On or before April 9, 2015 No amended H-1B is needed.
April 9 - August 19, 2015 Amended H-1B must be filed before Jan. 15, 2016.
After August 19, 2015 Must file an amended H-1B once LCA is certified.

Accordingly, we advise that if an employee moved between April 9 – August 19, 2015, an H-1B Amendment MUST be filed before January 15, 2016.

The revised Final Guidance reconfirmed that an amended H-1B petition is NOT required if the geographical move is within an “area of intended employment.” An “area of intended employment” is generally the same as a Metropolitan Statistical Area. Likewise, an amended H-1B petition is NOT required if the H-1B employee is attending training sessions, seminars, conferences, etc. of a short duration.



Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

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