Your client just told you the project is moving from the downtown office to a facility two states away. Same client, same role, same rate. You assume nothing changes on the immigration side. That assumption is the one that gets H-1B consultants into trouble.
A change in worksite is not automatically a paperwork non-event. Since 2015, USCIS has treated certain worksite moves as material changes that require an amended H-1B petition before you can lawfully report to the new location. This is the Simeio rule, and every consultant who works on client sites, moves between projects, or gets relocated mid-engagement needs to understand it.
This article explains the rule, the trigger, and the filing mechanics your employer and immigration counsel need to move on quickly when a worksite changes.
What Matter of Simeio Solutions Actually Decided
In Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the Administrative Appeals Office held that a change in an H-1B worker's place of employment, when that change requires a new or amended Labor Condition Application (LCA), is a material change in the terms of employment. A material change means the employer must file an amended or new H-1B petition with USCIS reflecting the new worksite, not just update internal records.
USCIS followed the decision with policy guidance (PM-602-0120, July 2015) instructing employers going forward to file amended petitions whenever a worksite change met this test. Employers with existing, uncorrected worksite changes were given a compliance window running to January 15, 2016, to file amendments without the gap being treated as a violation. That transition deadline has long since passed, but the underlying rule it created is still the operating standard today.
The Trigger: When Does a Worksite Change Require an Amendment
Not every move triggers this obligation. The test hinges on the LCA's area of intended employment, generally defined using the same Metropolitan Statistical Area (MSA) or normal commuting distance concepts the Department of Labor uses for prevailing wage purposes.
- New MSA or outside normal commuting distance: Requires a new LCA and, in almost all cases, an amended H-1B petition.
- Same MSA, different building or client site: Generally does not require a new petition, though a new LCA posting at the new site may still be needed and the wage level must still be met.
- Short-term placement: DOL regulations (20 CFR 655.735) allow limited short-term placements at a worksite outside the LCA's area, without a new LCA, for up to 30 days in a one-year period (extendable to 60 days under specific conditions). This is a narrow exception, not a general workaround for staffing moves.
For staffing and consulting arrangements specifically, this comes up constantly: a bench consultant gets staffed onto a new client, a client relocates a team to a different facility, or a project shifts from a client's headquarters to a regional delivery center. Each of these is a candidate for the Simeio analysis, and each needs to be evaluated on the actual mileage and MSA boundaries, not assumptions.
The Filing Process, Step by Step
When a worksite change meets the material-change test, the employer (not the worker) is responsible for initiating the amendment. The general sequence looks like this:
- Confirm the trigger. Immigration counsel checks the new worksite address against the existing LCA's area of intended employment.
- File a new LCA. The employer submits Form ETA-9035 to the Department of Labor for the new location and wage level. DOL certification typically takes about seven business days, though this can vary.
- Post the LCA notice. The employer posts the certified LCA at the new worksite (physically or electronically, per DOL rules) for the required ten business days.
- File the amended I-129. The employer submits Form I-129 with the H Classification Supplement to USCIS, referencing the existing petition and the new worksite, along with the new LCA.
- Employee may begin work at the new site once the amendment is filed, not necessarily approved, consistent with USCIS guidance that treats this similarly to the AC21 portability rule for change-of-employer petitions. Confirm this with counsel before the move, since it depends on the specific fact pattern.
Filing fees for Form I-129, along with any applicable ACWIA training fee, fraud prevention and detection fee, and optional premium processing fee, change periodically. Verify the current fee schedule on uscis.gov or with your attorney before assuming last year's numbers still apply. What is not optional: under DOL rules, the employer bears the cost of preparing and filing the H-1B petition and cannot pass those fees to the worker.
What Happens If the Client Relocates Mid-Project
This is the scenario that catches consultants off guard. You are staffed on a project, the client decides to consolidate operations, and suddenly your day-to-day desk is in a different city than the one listed on your H-1B petition.
A few practical realities to plan for:
- Timing matters. If the amendment is not filed before you start working at the new site, the employer is out of compliance from the date work begins there, not from the date someone notices.
- Bench time during the transition is not free of wage obligations. If the delay in relocating is employer-caused, the required wage obligation under H-1B rules generally continues; this is a legal requirement, not a courtesy.
- Overlapping extensions complicate things. If your H-1B extension or a green card case (PERM, I-140) is also in progress, a worksite change can affect prevailing wage determinations tied to the new location. Coordinate the amendment and the extension or PERM filing rather than treating them as separate tracks.
- Documentation protects you. Keep your own copy of the amended petition receipt notice, the new LCA, and the posting confirmation. If a client audit or an I-9/E-Verify review happens later, you want your own paper trail.
Quick Reference: Does the Move Require an Amendment
| Situation | Amendment Likely Required | Why |
|---|---|---|
| Client moves you to a facility in a different MSA | Yes | New area of intended employment triggers new LCA and amended petition |
| New desk, same building or same MSA | No | Within existing LCA's area of intended employment |
| Placement at a new client site 25+ miles outside normal commuting distance | Yes | Outside normal commuting distance from original worksite |
| Short-term assignment under 30 days at a new site | Generally no | Falls under the short-term placement exception, subject to annual limits |
| Fully remote work from a home address in a new MSA | Yes | Home address becomes the worksite for LCA purposes |
This is general information, not legal advice. Every fact pattern has its own wrinkles, and MSA boundaries and commuting-distance calculations can surprise people who assume a 20-minute drive does not count. Confirm your specific situation with a licensed immigration attorney before you or your employer act on it.
What This Means for You as a Consultant
You are not expected to file the amendment yourself, but you are the one who feels the consequences if it is missed. Ask your employer or staffing partner directly when a client relocation is announced: has the worksite change been checked against the LCA, and if an amendment is needed, when will it be filed. A short email now is cheaper than a compliance problem discovered during a future extension or a green card case.
If you are weighing an H-1B transfer, planning an extension around a shifting project location, or just want a second set of eyes on how a worksite change affects your case, the team at Josh Pros LLC works with consultants on exactly these situations every day. Reach out at contact@joshpros.com or visit https://joshpros.com.
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This is general information, not legal advice. Immigration rules change and outcomes depend on your individual circumstances. Confirm anything that affects your case with a licensed immigration attorney.
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