H-1B Amendment for a Location Change: When You Need One
Your employer must file an H-1B amendment before you start work at a site outside the area covered by your current LCA. A move within the same metro area usually does not need one. The details below explain where the line falls.
Every job is from an employer that filed H1Bs in 2025. See which ones fit your resume.
Where the rule comes from
In April 2015, USCIS's appeals office decided Matter of Simeio Solutions. It held that moving to an area that needs a new LCA is a material change.
USCIS guidance from July 21, 2015 says the employer must file an amended or new petition before you start at the new place.
Once the amendment is properly filed, you can start at the new site. You do not need to wait for approval.
What counts as the same area
An LCA covers an area of intended employment. The Labor Department defines it as the area within normal commuting distance of the worksite.
There is no fixed mile limit. If the worksite is in a Metropolitan Statistical Area (MSA), any place in that MSA counts, even across state lines.
So a move to another office in the same MSA usually needs no new LCA and no amendment.
The employer must still give notice of the LCA at the new site. It can be electronic or paper, for 10 calendar days, on or before your first day there.
| Employer | H-1B filings | Transfers | Median pay |
|---|---|---|---|
| Amazon.Com Services LLC | 14,047 | 2,382 | $155k |
| Cognizant Technology Solutions US CorpGC frozen | 10,209 | 872 | $110k |
| Ernst & Young U.S. LLP | 9,808 | 269 | $143k |
| Google LLC | 7,899 | 844 | $186k |
| Microsoft CorporationGC frozen | 7,840 | 879 | $173k |
| Tata Consultancy Services LimitedGC frozen | 7,287 | 353 | $86k |
When no amendment is needed
- A move within the same area of intended employment, with the LCA notice given at the new site.
- A short-term placement outside the area of up to 30 workdays a year, or up to 60 in some cases.
- Trips to non-worksite locations, such as staff seminars or management conferences.
- Short, occasional trips of up to 5 consecutive workdays per visit, or 10 if you mostly work at one location.
Short-term placements have conditions. The employer keeps paying your required wage and covers lodging, travel, meals and incidental costs.
When an amendment is usually needed
- Your job moves to a city outside your current MSA or commuting area.
- You start working from a home in a different metro area.
- You are placed at a client site in a new area for longer than short-term rules allow.
- Your job duties change in a material way.
Risks of filing late
A late amendment may not fix the time you already worked at an unapproved site.
USCIS may then question whether you kept your status. That can lead to requests for evidence or notices of intent to revoke.
In 2026, law firms report more of these notices. USCIS appears to compare LCA worksites with payroll and address records.
A September 18, 2026 executive order told the Labor Department to review previously filed LCAs within 30 days. Expect closer checks as of October 2026.
If the amendment is denied or still pending
If an amendment is denied but your original petition is still valid, you may return to the original worksite.
An employer can file another amendment while one is pending. But if your status has expired, one denial can lead to denial of the later requests too.
Does the $100,000 payment apply?
USCIS says the $100,000 proclamation payment does not apply to an amendment it grants for someone inside the US.
If you leave the US before a decision, the payment can apply. As of October 2026, collection is paused by a court order. See our $100,000 fee guide.
Planning a move anyway? Browse H-1B jobs from employers that filed H-1B petitions in 2025.
Not legal advice
This is general information, not legal advice, so confirm your situation with an immigration attorney.
Questions
Do I need an H-1B amendment if my office moves within the same city?
Usually not, if the new site is in the same MSA or commuting area. Your employer must still give LCA notice at the new site.
Can I start at the new location before the amendment is approved?
Yes. Under USCIS guidance, you can start once the amended petition is properly filed.
Does moving to another state always need an amendment?
Not always, because an MSA can cross state lines. But a move outside your current MSA or commuting area needs a new LCA and an amendment.
What if my employer files the amendment late?
A late filing may not cure the time already worked at the new site. USCIS may question whether you kept your status.
Sources
- USCIS Policy Memorandum PM-602-0120 (Simeio Solutions final guidance, July 21, 2015)
- U.S. Department of Labor OFLC: H-1B, H-1B1 and E-3 FAQs (Aug. 24, 2023)
- U.S. Department of Labor: Fact Sheet #62J, What does place of employment mean?
- 20 CFR 655.735: Short-term placement (Cornell LII)
- RN Law Group: When is an H-1B amendment required? (Feb. 2026)
- CUPA-HR: Trump renews H-1B $100,000 fee and signs executive order on H-1B oversight (Sept. 2026)
- USCIS: H-1B Specialty Occupations
