For the H-1B visa, the worksite declared in the Labor Condition Application (LCA) matters even when the role is 100% remote. What typically determines whether an update is needed is not the home-office arrangement itself, but rather the region you are moving to.
If the move takes you to a city outside the metropolitan area described in the approved LCA, a new or updated LCA may be required. This is because the Department of Labor ties the prevailing wage requirement to the place of employment. When the move stays within the same geographic area on file, no change is generally needed.
Because every situation has its own specifics, the best approach is for the employer and the beneficiary to review the original petition together before making a decision.
It is also worth checking the updated rules from the Department of Labor and USCIS, or consulting an immigration specialist, to confirm whether your particular move requires a new LCA.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.