It depends on where the new branch is located. In the H-1B, the approved worksite is part of the petition, so a transfer may or may not require an amended petition, depending on the distance from the original location.
The reference point is the worksite area declared in the Labor Condition Application (LCA). If the company transfers you to an address outside that geographic area, an amended petition is generally required before the move. If the new branch falls within the same metropolitan area already covered by the LCA, the amendment is often not necessary.
- Move outside the LCA area: generally requires an amended petition.
- Move within the same approved area: the amendment is usually not required.
- The worksite must remain consistent with what USCIS approved.
Because the analysis depends on the specifics of each transfer, it is worth confirming the current guidance from USCIS and the Department of Labor and, when facing a significant move, consulting an immigration professional before accepting the new location.
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.