Recently the USCIS based on the Matter of Simeio Solutions LLC has requested “when Location Changes When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, this change may affect the employee’s eligibility for H-1B status; it is therefore a material change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014)”. Therefore, it is imperative if you are moving employees or employees moving to know when an H1B amendment should be filed.
Since the passing of the 2010 Neufeld Memo (as amended), obtaining an H1B visa has become increasingly difficult for many, in particular, IT consulting companies, due to the additional documentary requirements. Additionally, US consulates, particularly those in India, have been creating additional requirements which are not authorized by any regulation, such as filing an amended petition when an H1B worker changes locations while still preserving the same position. USCIS has clearly stated in their policy memos/correspondences that in such cases, only a new LCA is required. Still, consulates seem to have created these requirements without the legal authority to do so, and for those who do not meet such requirements, there is a heightened likelihood of having the consulate place the case on hold under INA 221(g) for further administrative processing, and even possible revocation of the underlying petition. This causes extreme hardship over the petitioning companies and their candidates. This situation is worsened in cases of IT consulting firms’ H visas where non-lawyers are hired to prepare their H1B petitions and H4 petitions. Preparing an H1B petition is a matter of law, and you can only be best served by an experienced lawyer. Our law firm has handled hundreds of H1Bs successfully.
Moreover, if the H-1B visa is not well prepared, the spouses and children of the H1 visas holders are being denied an H4 visa stamp at the U.S consulate/embassy. The good news is that H1B law has also been amended to give certain visa holders an EAD. This EAD although a blessing should be reviewed before application. The Shah Peerally Law Group PC which has fought the battle for certain H4 visa holders to obtain a work authorization, can actually help. Call (510) 742 5887 or email [email protected] if you want us to work on your case.
Lately we have also noticed that many US lawyers are outsourcing their work to non-lawyers in other countries to prepare the application. This can be a dangerous practice resulting in practicing law without a license and eventually hurt the candidates who are expecting good service form a “real lawyer”. It is also worth noting that because non-lawyers (immigration consultants) are not bound by the attorney’s professional code, many tend to either be giving poor service, or even commit fraud on the application. Such behavior can create a situation which might eventually result in a finding of H1B fraud and bar the non-immigrant H1 visa or H4 visa holders from any future immigration benefits under INA 212(6)(c)(i).
At the Shah Peerally Law Group PC, we believe that you are better served by a legal team who are familiar with H1B cases and who sincerely want to help their clients. Whether you are an individual or a company who wants to file for H-1 visas or H-4 visas through an H1B transfer or a new H1B application, our law firm will make sure that your interests are well-served. We understand and appreciate that individual’s careers and in some cases, the future of their employer may well depend of obtaining approval on the petition.