Amended H-1B Petition

On Juli 21, 2015 the issued final guidance in the Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), holding that:

  • A change in the place of employment of a beneficiary to a different MSA is a material change for purposes of the immigration regulations.
  • When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA.

There are other times when a change in one’s employment will trigger the need to file an amended H-1B petition with USCIS.

USCIS’s position is that if the change in employment is “material” then an amended H-1B petition must be filed with USCIS.

For example, if there is a change on job title, significant change in job duties, or a change in work location, then an amended petition will be necessary.

A transfer to a different legal entity within the same corporation would trigger the need to file an amended H-1B petition with USCIS.

The same holds true for raises in salary unless the change is so great that USCIS presumes that the position is really a new one.

Amended H-1B Training petitions are exempt from the USCIS training fee of $750 or $1,500 and the USCIS anti-fraud fee of $500.

The base USCIS fee is the $325 I-129 processing fee.

If you have a general question about the H-1B visa please complete and submit the form below and we will do our best to answer it.

You can also follow us on facebook as we usually post the answers there.

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Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit