July 1st 2015 – AILA and several technology groups are requesting the USCIS to downgrade the difficult rules to be enforced by the USCIS based on the Simeio case on H1B amendment cases. According to a letter sent on June 26, 2015, among other things, it is costly for the companies to actually comply. We agree with their position. The truth is that the rule under “Simeio” in itself can be challenged on many grounds. In case USCIS does not come to terms with the issues involved, we might start seeing some serious Federal litigation on the matter. We hope the USCIS will actually hear the call and reduce the burden on the companies who really need mobility of their H1B workers in order to remain competitive.

The slide below covers the rules as USCIS is requesting based on the Matter of Simeio Solutins.

Until further notice, employers are supposed to comply with the rules by August 19 2015. We recommend that an amendment is filed in case you meet the requirements of the H1 amendment. If you need help, please call us at 510 7425887.