AILA submitted a 15page comment to the USCIS in response to the USCIS’ request for commentsabout the Simeio Solutions decision. MU Law published oursubmitted comments last week.
The Simeio Solutions decision now requiresall H-1B employers to file an amended H-1B petition each and every time that anH-1B employee moves to a new location requiring an LCA. AILA called into question the AAO’sthrow-away line that the Simeio Solutionsdecision “may be construed as contrary” to prior USCIS interpretation on theissue. AILA cited many instances of USCIShistorical guidance over 20+ years, finding just one time that a USCIS officialhad implied that an amended H-1B was required.
Of equal importance,AILA points out that the USCIS ought not to issue quasi- legislative changes inpolicy and rules via AAO opinion. Thisapproach circumvents the Administrate Procedures Act. It does not give the public a chance tocomment on sweeping measures that impact all users of the program. Finally, AILA points out this new rule raisessubstantial unresolved questions, which is the very reason for offering the publica chance to comment via the proper rule-making process.