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Matter of Simeio Solutions: before an H-1B employee starts work in a new area, the employer must file an amended petitionMatter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015)

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

In brief: On April 9, 2015, the USCIS Administrative Appeals Office (AAO) held in a precedent decision that moving an H-1B employee's worksite to an area that requires a separate certified Labor Condition Application (LCA) is a "material change," and the employer must file an amended or new H-1B petition (Form I-129) with the corresponding new LCA. The rule was later implemented through USCIS policy memoranda, upheld by a federal court of appeals in 2023, and reflected in the federal regulations through the H-1B modernization rule effective January 17, 2025.

The case at a glance

Item	Details
Case name	Matter of Simeio Solutions, LLC
Body	Administrative Appeals Office (AAO), U.S. Citizenship and Immigration Services (USCIS)
Citation	26 I&N Dec. 542 (AAO 2015)
Decision date	April 9, 2015
Nature	AAO precedent decision, binding on USCIS adjudicators at all levels; not a court judgment, so there is no vote count
Provisions involved	INA 101(a)(15)(H)(i)(b), INA 212(n) (LCA); 8 CFR 214.2(h)(2)(i)(E), 214.2(h)(11)(i)(A); U.S. Department of Labor LCA rules, 20 CFR Part 655 Subpart H
Subject	H-1B worksite changes, LCAs and amended petitions
Current status	Still a valid precedent (as of October 2026). In 2023 the D.C. Circuit, in ITServe Alliance v. DHS, upheld USCIS's practice of requiring amended petitions under Simeio; the H-1B modernization rule effective January 17, 2025 also updated 8 CFR 214.2(h)(2)(i)(E) to reflect current policy
Decision and guidance	USCIS AAO precedent decisions page

Background: why the LCA is tied to the worksite

Before filing an H-1B petition for a foreign employee, the employer must obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor (DOL). The LCA lists the worksite; the employer attests that it will pay at least the "prevailing wage" for similar positions in that area and will post notice at the worksite. The prevailing wage is set by "area of intended employment," usually a Metropolitan Statistical Area (MSA) or normal commuting distance. A different area can mean a completely different prevailing wage, and the original LCA no longer covers the new location.

Before Simeio, many employers handled a move to a new area by obtaining and posting a new LCA without filing anything with USCIS. The problem is that USCIS approves an H-1B based on the LCA submitted with the petition; if the employee is actually working in another area, USCIS has no corresponding LCA and cannot verify whether the employer is honoring its wage-protection attestations.

Facts

Simeio Solutions filed an H-1B petition for a foreign employee. The petition and LCA listed the worksite as the company's office in Long Beach, California (in the Los Angeles–Long Beach–Santa Ana MSA); no other worksites were listed, and USCIS approved the petition. During a later USCIS site visit, the company's office could not be found at the listed address: the company had moved out about two months after the employee started work and was using an employee's residence as its address, and the employees originally assigned to that office were working from home or at client sites. After USCIS issued a notice of intent to revoke, the company submitted a new LCA listing worksites in Camarillo, California and Hoboken, New Jersey, both outside the original MSA and with higher prevailing wages. The company did not file an amended petition for these new locations. USCIS revoked the approval; the AAO upheld the revocation and designated its decision as precedent.

Issues

Is moving an H-1B employee's worksite to an area not covered by the original LCA a "material change" that must be reported to USCIS?
If so, is obtaining a new LCA enough, or must the employer file an amended or new H-1B petition?

How the AAO decided

The AAO held that the LCA is an integral part of the H-1B petition. For an LCA to correspond to an H-1B petition, it must list the employee's worksite; when adjudicating the petition, USCIS must check whether the LCA actually supports it. Moving the employee to an area requiring a different LCA may affect the employee's H-1B eligibility and is therefore a material change within the meaning of the regulations.

The AAO's second holding reads:

"When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H-1B petition with the corresponding LCA."

The AAO also stressed that full compliance with the LCA and H-1B petition process is central to the mechanism Congress created to protect U.S. workers. Obtaining a new LCA from DOL without filing with USCIS leaves USCIS unable to review the wages and conditions at the new location.

What this means for you

H-1B employees

If your company plans to transfer you to another city or state, or to place you at an out-of-area client site long term, first ask whether the company has obtained an LCA for the new location and filed an amended petition.
When you work remotely, your home address is generally treated as a worksite too. Moving outside the area covered by the original LCA may also require a new LCA and an amended petition.
Working at a non-compliant worksite may affect your record of maintaining status and may be questioned later when you seek an extension, change employers or apply for a green card.

Employers

Obtain a new LCA and file an amended or new I-129 before the employee starts working in the new area. Under USCIS guidance, the employee may begin working at the new location once the petition is properly filed, without waiting for approval.
Staffing, IT consulting and client-site placement businesses are most affected and need a system to track where employees actually work.

Later developments

2015 USCIS policy memorandum PM-602-0120

After Simeio, USCIS first issued draft guidance for comment, then on July 21, 2015 issued final guidance (PM-602-0120, USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC). Key points:

Amended petition required: when an employee moves to a location requiring a new LCA, an amended or new petition must be filed before the employee starts work at the new location, even if the new LCA has already been certified and posted.
Moves within the same area of employment: a move within the same MSA or commuting area covered by the original LCA generally requires neither a new LCA nor an amended petition, but the employer must post notice of the original LCA at the new location under DOL rules.
Short-term placements: DOL rules allow an employee to be placed at another location for a short period under certain conditions (generally up to 30 days, in some cases up to 60 days) without a new LCA; absent other material changes, no amended petition is needed.
"Non-worksite" locations: attending training, seminars or other developmental activities, or work that is inherently peripatetic with only brief stays in one place, generally does not create a new worksite.
Transition arrangement: for moves that occurred before August 19, 2015, USCIS allowed a transition period to file amended petitions (until January 15, 2016); for later moves, the petition must be filed before the employee starts work at the new location. This transition period ended long ago.

2020 memorandum PM-602-0114

On June 17, 2020, following ITServe Alliance v. Cissna, USCIS issued PM-602-0114, rescinding two earlier memoranda on third-party placements. The new memo still cites Simeio, reaffirms that a material change in the terms of employment requires an amended petition, and notes that an employee who has no work and remains in prolonged non-productive status may also reflect a material change affecting eligibility; apart from limited exceptions, "benching" an employee without pay is itself prohibited by law.

2023: the D.C. Circuit upholds Simeio

The IT services trade association ITServe Alliance sued, arguing that Simeio was in effect rulemaking without notice and comment, and that USCIS had no authority to review LCA matters that belong to DOL. On June 27, 2023, the U.S. Court of Appeals for the D.C. Circuit rejected these arguments in ITServe Alliance, Inc. v. DHS (No. 22-5074, opinion by Judge Katsas): Simeio was an adjudication, not unlawful rulemaking, and USCIS has authority to require an amended or new petition when an employee moves to a location requiring a new LCA.

2025 H-1B modernization rule

The Department of Homeland Security published the H-1B modernization final rule (89 FR 103054) on December 18, 2024, effective January 17, 2025. The rule updated 8 CFR 214.2(h)(2)(i)(E) on when an amended or new petition must be filed after a change in an H-1B employee's worksite, aligning the regulation with the current policy guidance described above. The same rule eliminated the "itinerary" requirement for H petitions and codified USCIS site visits in the regulations.

In other words, the Simeio rule now rests on both appellate-court support and the regulations, not just a precedent decision and policy memoranda. Operational details (for example, counting days for short-term placements or handling remote work) remain subject to current DOL and USCIS rules.

Practical tips

Check the location before arranging a move: before an employee changes offices, changes clients or moves house, determine whether the new location is within the area covered by the original LCA.
When required, file before the employee starts: for a new area, obtain an LCA first, then file the amended I-129; keep the filing receipt, and have the employee start work at the new location only after filing.
Post notice even within the same area: a move within the same area generally needs no amended petition, but notice must still be posted at the new location under DOL rules, and records kept.
Put remote work in writing: if employees may work from home, include home addresses in LCA and worksite management.
If a problem has already occurred: if you discover an employee is already working at an uncovered location, have an attorney assess remedial options promptly rather than waiting for an extension or a site visit.

Frequently asked questions

My company is moving me to another office in the same city. Does it need to file an amended petition?

If the new office is within the same area of employment covered by the original LCA (the same MSA or commuting area), a new LCA and amended petition are generally not required, but the company must post notice of the original LCA at the new location. Whether it is the same area depends on the specific address.

After an amended petition is filed, do I have to wait for approval before working at the new location?

Under USCIS guidance, once the amended petition is properly filed, the employee may begin working at the new location without waiting for approval. But if the amended petition is ultimately denied, status problems can arise, so the petition should be thoroughly prepared.

I work remotely from home and am moving to another state. Do I need to tell my company?

Yes. A home address is generally treated as a worksite; if you move outside the area covered by the original LCA, the company usually needs to obtain a new LCA and file an amended petition. Talk to your company before you move.

Do I need an amended petition for a few days at an out-of-town meeting?

Generally not. Short-term activities such as meetings or training, or placements within the short-term period allowed by DOL rules, usually do not create a new worksite. But if you actually perform work elsewhere for a longer period, it needs a case-specific assessment.

If my company did not file an amended petition, could it affect a future green card application?

It could. A worksite that does not match the approval may be treated as not working under the approved terms and may be scrutinized at extension, change of employer or adjustment of status. The specific impact depends on the duration and circumstances; have an attorney assess it early.