Some companies secretly change H1B visa location to some places other than that list on the original Labor Condition Application (LCA), and they also secretly lower employee’s wage. These companies are usually called “the bodyshop”, which fake some job positions so they can submit multiple H1b petitions for their future employees. When H1B lottery has finished and they “ship” their employees who get H1B in the lottery to another places for lower wage.
In Matter of Simeio Solutions, LLC, the employer attested in its original H-1B petition that the employee would work at Long Beach, California, but subsequently confirmed that the employee was no longer working there, and submitted a new LCA for Camarillo, California, and Hoboken, New Jersey, without filing an H-1B amendment.
Additionally, in the original H-1B petition, the company attested that it would pay the employee an annual salary of $50,232, which is $9,000 less than the wage required (prevailing wage) in the two new locations. Because the original wage attestation was no longer sufficient nor corresponded with the new LCA for the two new locations, the change in place of employment was deemed to have affected the validity of the employee’s H-1B.
To read more about this case and the decision of revoking their H1B visas, please go to http://www.justice.gov/eoir/vll/intdec/vol26/3832.pdf
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