Share this e-Alert:

Polsinelli - Immigration Polsinelli - Immigration
         

  

May 2015

  

H-1B Worksite Changes: Can Employers Expect Relief Before August 19th Deadline?

  

 
 

  

     

  

 
 

For more information about this alert, please contact:

  

Mahsa Aliaskari

Author

310.203.5374

Email | Bio

  

Jeffrey S. Bell

Practice Group Leader

816.360.4264

Email | Bio

  

Doreen D. Dodson

314.622.6680

Email | Bio

  

Dawn M. Lurie

202.626.8387

Email | Bio

  

  

To view a full list of our Immigration Professionals, click here.

  

For current Intelligence, or to learn more about our Immigration practice, click here.

  

  


View Polsinelli documents on JD Supra  
LinkedIn Twitter Facebook Polsinelli Podcast Connect with us on Facebook.

SUBSCRIBE

   

As H-1B employers scramble to create a plan of action to ensure compliance with new guidelines and interpretations surrounding H-1B workers and changes in worksite, industry leaders are calling for more temperate policy changes. On June 9th, U.S. Citizenship and Immigration Services (USCIS) Director Leon Rodriguez noted in a speech that the Agency knows the August 19, 2015 deadline is “a problem” and that the agency was considering relief. No respite had come by June 30th, when nine business groups urged USCIS to downgrade the recent Simeio decision to a non-precedent decision. The Simeio decision was the catalyst for the USCIS policy guidance regarding H-1B work site changes and H-1B amendment filings to take effect retroactively.

With an August 19 deadline quickly approaching for the filing of amended H-1B petitions, all eyes are on Director Rodriguez, as a potential shift in the agency’s policy will significantly impact budget and resources spent on H-1B compliance in the remaining weeks of summer. While the Simeio decision requires the filing of amended H-1B petitions whenever an H-1B worker changes worksites to a location not included in the existing H-1B approval, the decision did not specify whether H-1B employers who may have not followed this protocol in the past should be required to immediately file amendments to rectify the “violation”. USCIS guidance issued on May 21st however does mandate amendments retroactively.

Given the lively feedback from the private immigration bar and H-1B employers, USCIS seems to be internally reconsidering the practical implications and burdens of the timing and retroactive application. With the August 19 deadline looming over the business community, we hope to see the clarification on retroactive application before month’s end, and will report back on any further updates to process changes.

For More Information

For more information on this alert, please contact the author or a member of Polsinelli's Immigration practice.

 
 

  

     

  

 

 

  

     

  

 
 

Atlanta  Chattanooga  Chicago  Dallas  Denver  Kansas City  Los Angeles  Nashville  New York
Overland Park  Phoenix  Raleigh  St. Joseph  St. Louis  San Francisco  Springfield  Washington, D.C.  Wilmington

polsinelli.com

 
             
 

  

ABOUT POLSINELLI

real challenges. real answers.SM  
Polsinelli is an Am Law 100 firm with more than 750 attorneys in 18 offices, serving corporations, institutions, entrepreneurs and individuals nationally. Ranked in the top five percent of law firms for client service and top five percent of firms for innovating new and valuable services*, the firm has risen more than 100 spots in Am Law's annual firm ranking over the past six years. Polsinelli attorneys provide practical legal counsel infused with business insight, and focus on health care, financial services, real estate, life sciences and technology, and business litigation. Polsinelli attorneys have depth of experience in 100 service areas and 70 industries. The firm can be found online at www.polsinelli.com. Polsinelli PC. In California, Polsinelli LLP.

* BTI Client Service A-Team 2015 and BTI Brand Elite 2015

 
 

  

     

  

 
 

Polsinelli provides this material for informational purposes only. The material provided herein is general and is not intended to be legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Copyright © 2015 Polsinelli PC.

 
             
Connect with us on LinkedIn. Connection with us on Twitter. Connect with us on Facebook. Polsinelli Polsinelli - Immigration Polsinelli - Immigration