H-1B Amendment: Everything You Need to Know About Location and Job Changes
The H-1B visa is one of the most flexible nonimmigrant visa categories available. Unlike many other work visas, it offers portability, allowing H-1B holders to change employers, work part-time or full-time, or even take on multiple employers simultaneously. However, it’s important to understand that certain changes, such as a shift in job location, require an H-1B amendment—even if you remain with the same employer.
If you are selected in the 2026–2027 H-1B visa lottery, contact the immigration attorneys at Green Card Link to assist with filing your H-1B petition and ensuring your compliance with USCIS requirements.
What Is an H-1B Amendment?
An H-1B amendment is required whenever there are material changes to the terms of employment. This includes modifications to your job title, duties, salary, or work location, or when you change employers. The amendment ensures your petition remains valid under the H-1B requirements, which mandate that your position continues to require at least a bachelor’s degree.
Because every case is fact-specific, it is essential to consult an immigration attorney at Green Card Link before making changes. Failing to file an amendment when required could jeopardize your H-1B status.
When Is an H-1B Amendment Required for a Location Change?
While USCIS regulations do not explicitly state that all location changes require amendments, recent adjudication patterns suggest that a worksite change is considered a material change. If you move to a new location, your employer will typically need to file an amendment.
Examples of when an amendment is required:
- The new worksite falls outside the same Metropolitan Statistical Area (MSA) as the original petition.
- The move involves a significant change to your job duties, title, or employment terms.
If the change is within the same MSA—generally considered a “normal commuting distance” (20–50 miles)—a new amendment may not be necessary, but the Labor Condition Application (LCA) still must be posted at the new location.
When an H-1B Amendment May Not Be Required
In some cases, you may not need to file an amendment for a worksite change:
- The new worksite is within the same MSA as the original petition, with proper LCA posting.
- Short-term placements of up to 30–60 days.
- Temporary “non-worksite” locations used for training, conferences, or occasional travel.
- One-time peripatetic visits (5–10 days, depending on job duties).
Because these rules can be nuanced, employers should consult the immigration attorneys at Green Card Link before assuming no amendment is required.
Penalties for Not Filing an Amendment
Failing to file an H-1B amendment when required can have serious consequences:
- The employee may fall out of status and face deportation.
- The employer may face compliance issues with USCIS.
Employers are strongly advised to notify USCIS before an employee moves to a new worksite to minimize risks. If the move has already occurred, the amendment should be filed as soon as possible.
H-1B Amendment Processing Time
Processing times vary depending on the USCIS service center:
- California Service Center: 4–8 months
- Nebraska & Texas Service Centers: 1–3 months
On average, expect 3–5 months of processing. However, you can request premium processing, which guarantees a decision within 15 calendar days.
How to File an H-1B Amended Petition
To file an H-1B amendment, the employer must:
- Submit Form I-129 to USCIS.
- Update the Labor Condition Application (LCA) with the new worksite details.
- Provide supporting documentation, which may include:
- Employee’s H-1B visa approval notice
- Passport and I-94 record
- Updated resume and job itinerary
- Recent pay stubs and degree certificates
- Employee’s H-1B visa approval notice
If using premium processing, employers must also submit Form I-907.
H-1B Amendment FAQs
Do I need approval before moving to a new worksite?
The law does not explicitly require waiting for approval, but employers should at least file the amendment before relocation.
What if my amended petition is denied?
You may continue working at the original worksite listed in your valid petition.
Do I need to notify USCIS if I change my home address?
Yes, you must file Form AR-11 or update your address in your USCIS online account within 10 days.
Can multiple amended petitions be filed?
Yes, but each must independently meet H-1B requirements. If your H-1B expires while amendments are pending, denials may affect subsequent petitions.
What is the cost of an H-1B amendment?
Filing fees are the same as for a new H-1B petition, except the $500 fraud fee is waived if the employer remains the same. Costs typically range from $460 to $780, depending on the size and type of employer.
Protect Your H-1B Status
The H-1B amendment process can be complex and time-sensitive. Whether you are changing job locations, titles, or duties, it is critical to remain compliant with USCIS requirements.
If you have been selected in the 2026–2027 H-1B lottery or need guidance on filing an H-1B amendment, contact the immigration attorneys at Green Card Link today for personalized assistance.