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H-1B Amendment Guidance — May 22, 2015

On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. This memo outlines the kind of location change requiring H-1B amended filings.

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Immigration Report – May 19, 2015

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015.

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Immigration Report – May 14, 2015

The availability of visas per category is based on numerical limits established by law. Where a category is listed as “current”, any eligible beneficiary may proceed with the final stages of the green card process (in most cases, I-485 adjustment of status application) no matter what their priority date. Where a cutoff date is listed for a particular category, only a beneficiary with a priority date on or before the cutoff date may proceed with the final stages of the green card process. A priority date reflects the filing date of the first step toward a permanent residence.

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Immigration Report – May 12, 2015

USCIS announced on May 4, 2015 that initial data entry for all H-1B cap cases selected in the FY 2016 lotteries is now complete and adjudications are underway. Receipt notices for both premium and non-premium cases continue to be issued. USCIS is expected to return unselected cases over the course of the next few months.

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