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A federal judge recently upheld U.S. Citizenship and Immigration Services (USCIS) guidance that requires H-1B petitioners to file a new or amended petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition.
In the case, the plaintiff, ITServe Alliance, challenged guidance USCIS issued in 2015 following a USCIS Administrative Appeals Office decision in Matter of Simeio Solutions, LLC. ITServe argued that USCIS unlawfully sidestepped federal rulemaking procedures in adopting the guidance, but U.S. District Judge Trevor N. McFadden ruled in the government’s favor.
BAL Analysis: BAL will continue following the litigation over the Simeio guidance and the administration’s efforts to “modernize” the H-1B program through the regulatory process. BAL will provide updates as information becomes available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact firstname.lastname@example.org.
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