Moving a professional’s worksite under an H-1B may require an amendment to the original petition, depending on where the work is being transferred. The degree of difficulty is not fixed: it varies depending on whether the move occurs within the same commuting area or to a region different from the one described in the approved petition.
When the new location falls within the same metropolitan area already covered, the adjustment is usually simpler and, in some cases, a new petition is not required. A transfer to a substantially different region, on the other hand, typically requires an amendment with a new LCA and updated documentation, because the wage parameters and declared conditions change.
In either scenario, the key is to act at the right moment in the move and keep all information accurate to avoid putting the worker’s status at risk. It is the employer who files the amendment with USCIS.
Because each situation is evaluated case by case, it is worth confirming the current rules on the USCIS website or with a specialist before transferring the professional, reviewing the specific facts of the case.
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.