Can the employer change the work location to another state?

The H-1B visa is an important tool that allows employers to hire specialized foreign workers in the United States. One frequent question is whether the employer can transfer the work location to another state, and the answer involves some details worth knowing.

In general, if the work location of an H-1B visa beneficiary is changed significantly – for example, to another state or to an area outside the jurisdiction defined in the original petition – the employer must take additional steps with the Department of Labor and immigration authorities. This usually means the need to submit a new Labor Condition Application (LCA) and, in many cases, a modified or amended petition to the United States Citizenship and Immigration Services (USCIS).

This update is important to ensure that the change complies with legal requirements and that there are no conflicts with the information initially approved. In certain situations, if the change is considered minor or occurs within certain geographic areas close to the initially approved location, there may be what is called a “secondary worksite situation” or “secondary worksite rule”, which can waive the need for a new petition. However, this assessment is quite specific and depends on the concrete circumstances of each case.

It is always essential to strictly follow immigration laws and pay close attention to the details of updates and regulations. Taking advantage of guidance from experienced professionals and companies specialized in the area can help avoid complications, as well as prevent losses and falling victim to scams that promise easy solutions and guaranteed results. Staying informed and acting according to the current rules helps ensure the entire transition occurs regularly, without surprises, and with minimal disruption to the professional and the employer.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.