When is an H-1B Visa Amendment Required?

Partner and Attorney Angelita Chavez and Senior Immigration Paralegal Swapnali Kelkar provide an overview of H-1B visa amendments, and when employers must file them.

Employers must file an H-1B amendment any time there is a “material change” to an H-1B employee’s work conditions, which may include changes to:

• Work location if it moves outside of:
  • The metropolitan statistical area listed in the original labor condition application (LCA), or
  • A reasonable commuting distance.
• Job duties.
• Number of hours worked.
• Full-time or part-time status.
• Salary.
• And more.

Short-term and temporary stints at a different work location do not require an amended H-1B petition if the work meets certain conditions.

In most cases, employers should not file multiple H-1B amendments for the same beneficiary at once. An amendment denial does not impact an employee’s H-1B status.