On July 21, 2015, USCIS issued final guidance to employers on when a new or amended H1B petition must be filed following the AAO's decision in the Matter of Simeio Solutions, LLC. In its statement, USCIS has described various scenarios where an H1B amendment must be filed. The most important change is that after August 19, 2015, if there is a change in employment location requiring an amended LCA, then an amended H1B petition must also be filed with USCIS before the employee starts work at the new location. USCIS is also offering a "safe harbor" period until January 15, 2016 for employers to file new/amended H1B petitions to reflect the change in employment location that occurred prior to August 19, 2015. A copy of the USCIS statement can be found here.
USCIS is asking those with DACA EADs issued after February 16, 2015 for a 3-year period to return those EADs to them so they can issue a corrected 2-year EAD to those applicants. Those EADs were issued erroneously and are no longer valid. You must obtain a corrected EAD from USCIS. Please contact our office if you have any questions or require more information on this.
USCIS will begin accepting applications for EADs from eligible H4 visa holders today. As part of the Executive Action in November, President Obama announced that certain H4 visa holders would be eligible to apply for Employment Authorization. In order to be able to file, the H1B spouse must either have an approved I-140 petition or the H1B spouse had his/her H1B extended beyond 6 years based on AC21. Please contact us if you would like to determine if you are eligible for the H4 EAD.
Based on the recent AAO decision in the Matter of Simeio Solutions LLC, USCIS has posted guidance on when H1B amendments are required. Any time an employee is moved to a new work location outside the current MSA, an amended LCA is required to be filed along with an H1B amendment. The employee can commence working at the new location as soon as the H1B amendment is filed and employers need not wait for a decision on this petition. For those employers who relied on earlier USCIS policy and did not file an H1B amendment due to a change in work site, USCIS is providing a grace period until August 19, 2015 to file these H1B amendments and remain in compliance with this new policy of USCIS. After August 19, 2015, employers and employees will be considered to be out of compliance with USCIS policy and regulations. Please contact our office immediately if you would like help in remaining compliant with this new policy of USCIS. You can view the full advisory here.