U.S. Citizenship and Immigration Services (USCIS) issued draft guidance on when to file an amended H-1B petition pursuant to the USCIS Administrative Appeal Office (AAO) precedent decision in Matter of Simeio Solutions, LLC. The decision held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location.
According to USCIS, you must file an amended H-1B petition if the H-1B employee changed or is going to change his or her place of employment to a worksite location outside of the metropolitan statistical area or an “area of intended employment” covered by the existing approved H-1B petition, even if a new LCA is already certified and posted at the new location. Once the amended petition is filed, the H-1B employee can immediately begin work at the new location.
For more details and information, please see the USCIS draft guidance here.