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AAO Work Site Ruling Still Troubles Attys, Despite Guidance

U.S. Citizenship and Immigration Services issued guidance this week that clarified exceptions to a recent Administrative Appeals Office decision on H-1B work site changes, but attorneys say despite a new compliance grace period the ruling could still cause headaches for consulting companies and employers whose workers telecommute.


By providing this grace period, the agency recognized that some employers had relied on starkly different advice from a 2003 letter by Efren Hernandez, the agency’s former business and trade branch director, which said that a new LCA doesn’t necessarily require an amended H-1B filing, according to Ian Macdonald of Greenberg Traurig LLP.

“They owned the fact that one of its heads of agency had issued a business letter indicating information, [or] advice, contrary to the AAO decision,” Macdonald said. “And as a consequence, did give some room for employers to correct their records, as opposed to a strict liability threshold."

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