Simplifying The United States’ H1-B Amendment Based On Location Change

The H1-B visa is better than other work visas for people who don’t want to stay in the US permanently. A big plus is that you can switch jobs, work full-time or part-time, or even work for multiple companies simultaneously.

But, it is important to remember that if you want to move to a different place, even if you are still working for the same company, you will need to get an H1-B amendment arising from the change of address. Getting through the tricky parts of H1-B visa rules can be tough, especially when you need to make changes through an H1-B amendment.

If your job situation changes a lot—like moving to a different place of work, changing your job tasks, or getting a pay raise that wasn’t mentioned in your original application—your boss has to fill out an H1-B amendment form with the United States Citizenship and Immigration Services (USCIS).

These H1-B amendments ensure you follow the rules and avoid legal problems. You might need to file an H1-B amendment if your job duties change significantly or if you move to a place not in the area your original job application covered.

You might not need to file an H1-B amendment for small moves in the same area, but you must still let USCIS know. Knowing when to file an H1-B amendment is key to keeping your visa status up to par.

It is a good idea to keep up with the latest H-1B amendment for location change or talk to an immigration lawyer to ensure you are doing everything right and avoid the trouble of not following the rules. Read on for a breakdown of the H1-B amendment for location change.

Brief info on the H1-B amendment

Once you get your H1-B visa, you can’t change the work conditions. For instance, you can’t switch the foreign worker’s job location. However, if you need to change something, you can request an update on your visa through the H1-B amendment.

You must update your H1-B visa if your job, pay, or title changes or you switch jobs. If your job still needs a bachelor’s degree or more, but your situation changes, you should also update your visa. It is really important to talk to a good immigration lawyer to ensure you don’t mess up your visa status.

Even though the USCIS didn’t say exactly what to do for some time because they were unclear, you should update your visa if you move to a different work location. Any big changes in your job, like pay or duties, require updating your visa. So, the USCIS thinks moving to a new location is a big enough change to need an update.

How did the H1-B amendment for location change start?

In April 2015, the USCIS’s appeal office made a key decision in the Simeio Solutions, LLC case, saying that if an H1-B employer needs to change the worker’s job location because of a new labor condition application, they must file an H1-B amendment petition.

Before Simeio, USCIS wouldn’t take any negative steps against H1-B workers who didn’t file an H1-B amendment petition because of a job location change. After Simeio, there are rules about when an H1-B amendment petition for an H1-B worker is needed.

When you need to file an H1-B amendment petition

If there is a big change in the job conditions, like a pay raise, new job duties, a different job title, a shift in work hours (from part-time to full-time or back), a move to a new work location, or a change in the actual place where the work is done, the employer needs to update the H1-B visa application.

A big change means the terms and conditions of the worker’s job status have changed significantly. This could be because of:

• A big pay increase.
• New job responsibilities.
• A different job title.
• A change in how many hours you work (from part-time to full-time or back).
• A move to a different work location.

If you are moving to an area other than the area where your original job was located, you will need to update the H1-B visa application. If you are unsure if a place is in the same area as your original job, you can speak with an immigration lawyer. However, if the new location is within normal walking distance, there may be no need to file an H1-B amendment petition.

There is no set rule for what is considered a normal walking distance. It could range from 20 to 50 miles. A job in a Metropolitan Statistical Area (MSA) is considered close enough to be a normal commute, even in a different state.

When an H1-B amendment petition for location change is not needed

Not every time you move a work location, you need an H1-B amendment petition. If you are moving to a new area in the same Metropolitan Statistical Area (MSA), you don’t have to ask for a new Labor Condition Application (LCA). So, you don’t need to file an H1-B amendment.

However, you still need to post the original LCA at your new work location, whether moving the whole team or just a few people.

What about work locations outside the MSA

Sometimes, you might need to temporarily send an H1-B worker to a different area than where they are supposed to work. For the USCIS, these areas are called “non-worksite locations.” These locations allow you to send an H1-B worker to a new location without filing an H1-B amendment petition.

What counts as a non-worksite location?

• Any place the H1-B employee goes for professional development, like seminars, conferences, or training;
• The employee doesn’t spend a lot of time at any one place. For example, if they go to a library to do research or to court to be an expert witness;
• The employee’s work is “peripatetic,” which involves traveling to different places for short periods. This can happen often, but not too much.

What is the option for a short-term move?

In some cases, you might be able to send an H1-B employee to a new location outside the intended employment area without getting a new LCA through the H1-B amendment petition. This won’t be a big deal.

However, the rule for a short-term move says that the employee can’t be away from the original worksite for more than 30 or 60 days, and these moves can be back-to-back or not.

To keep the employee at the new location for up to 60 days, you need to show that they are still working at the original worksite, like having a specific workplace or spending a lot of time there in a year. Also, the employee’s living place must be close to the permanent worksite and not the temporary worksite.

The H1-B amendment petition process

If there are any big changes in your job, like new job duties, a different work location, changes in your work conditions, or a big raise, your boss has to file a new LCA and an H1-B amendment petition for you. This typically includes:

• Getting ready for the new LCA.

Your boss has to start by collecting proof of these big changes. This means getting a new Labor Condition Application (LCA) if you work somewhere other than where you were first or if your job duties have changed significantly. They must also ensure your work conditions are still okay with the original job application. They must keep all the paperwork detailed and organized in Form I-129, Petition for a Nonimmigrant Worker, especially about your pay.

• Submission and getting approval from USCIS.

Once everything is ready, your boss sends it to USCIS for them to check. This includes your new job agreement, updated LCA, and the filled-out Form I-129. Having all the right proof to speed up USCIS’s check and show that you are still eligible for your job is important.

• After you have submitted: keeping up with the rules

After you have sent everything in, your boss has to keep up with the rules for the H1-B visa. This means being ready for USCIS to check out your work if they want to. Your boss should have all the records ready and let you know that you might need more proof of the changes to your job if they ask during a check-up.

Tips for the H1-B amendment petition

For H1-B workers who need to move to a new job in a different state, updating their H1-B paperwork correctly is important to keep their work status solid. But figuring out how and when to do this can get pretty confusing.

If you have changed addresses, you must give your new state address on the H1-B amendment petition because that is where you live now. You mustn’t overlook changing your work address. You have to fill out a new job location form and then go ahead and file the change.

USCIS checks things randomly, so you have to be careful. A popular question is when to move: Should you wait for the paperwork to be approved before you move, or can you move first and then deal with the paperwork later? It is okay to move first as long as you have your new address on the paperwork.

If your new place is already rented, put your new address as your current address on the H1-B amendment form. As stated earlier, you can switch addresses in the same area later without going through the change process again. But, your boss might tell you to wait until the paperwork is sorted before you move, maybe because of money or other company stuff.

A few other tips to note are:

• Ensure your boss’s lawyer checks all the details to avoid problems later on.
• If you work from home, list your home and any office spots on the job location form.
• Your pay can change depending on where your new job is, so you might need to update your salary requirements.

The H1-B amendment for location change is usually quick (2-4 weeks). Even though changing your job location on an H1-B might seem easy, getting it right is key to keeping your legal status. Ensuring your info is up to date is super important to avoid any issues with the rules.

Get help!

Navigating the tricky parts of the H1-B visa can feel like a lot. Don’t waste your time and cash on mistakes that could have been easily avoided. If you are not sure if you have made a big enough change or altered your job terms and conditions, set up a chat with our immigration lawyers at Gehi and Associates today for a thorough check-up on your H1-B situation.