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.
- 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.