Itserve Alliance, Inc. v. Department of Homeland Security

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ITSERVE ALLIANCE, INC., Plaintiff, v. Case No. 1:20-cv-03855 (TNM) DEPARTMENT OF HOMELAND SECURITY, Defendant. MEMORANDUM OPINION Under federal law, an employer must file a new or amended H-1B visa petition on behalf of a U.S.-based foreign national employee whenever that employee experiences a “material change” in employment. In Simeio Solutions, LLC,

26 I&N Dec. 542

(AAO 2015), the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) altered USCIS’s interpretation of the phrase “material change.”…