The USCIS has just released Guidanceon its webpage further clarifying the SimeioSolutions case from April 2015. 
The most impactful part of the Guidanceis that the USCIS is now requiring all H-1B employers to file an H-1B amendmentfor employees who have moved their geographical location, even if that move happened before April 9, 2015, the date of the Simeio Solutions decision. 
SimeioSolutions holds that a new H-1B petition is required whenever an H-1Bworker changes his geographical location, if that geographical change requiresa new Labor Condition Application (LCA). Typically geographical changes outside of a metropolitan statistical arearequire a new LCA. 
The USCIS previously implied that only relocations happening after the issuance of the April 0, 2015 Simeio Solutions decision.  This new interpretation reaches back in time, requiringall prior geographical moves to file amended H-1Bs.
Accordingly all MU Law clients areencouraged to fully review their H-1B roster and confirm that the H-1B employee’scurrent worksite matches the worksite listed on the employee’s I-129petition.  If the H-1B employee’s currentworksite does not match the worksite listed on the employee’s I-129 petition,then we should prepare and file an amended H-1B petition. 
Thankfully, the Guidance is givingall H-1B employers a 90 day grace period, until August 19, 2015, to comply withthis latest Guidance interpretation.
The new USCIS Guidance also confirmsexisting safe harbors within the law.  Anamended H-1B does not have to be filed when:
-The geographical move is within thesame metropolitan statistical area.

-Under certaincircumstances, you may place an H-1B employee at a new job location for up to30 days, and in some cases 60 days (where the employee is still based at theoriginal location), without obtaining a new LCA.

-The job is“peripatetic in nature,” such as situations where their primary job is at onelocation but they occasionally travel for short periods to other locations “ona casual, short-term basis, which can be recurring but not excessive.