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 $460 I-129 processing fee.
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Related Links:
H1B Visa Cap / Quota for FY 2020
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