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Is an H-1B Amendment Required?

 

The Simeo Solutions decision clarified that an amendment petition is required in the following scenarios:

  1. The H-1B employee’s worksite changes to a new work location outside of the current MSA or area of intended employment.

    If the move is within the current MSA or area of intended employment, then the last filed petition’s LCA (not a new LCA) must be posted at the new worksite prior to the change.

  2. There is a material change in the terms and conditions of employment.

    The word “material” is vague and its definition can be debated. Here are some example of what may be considered a “material” change:

    • Change of end-client.

    • Change to the duties or requirements.

    • Addition of supervisory duties.

    • A promotion.

 
Eren Yildirim