H-1B Amendment Requirement when Changing Work Location

As an H-1B employee, it is important to understand the rules and regulations surrounding changes to your working conditions, particularly when it comes to changes in your work location. The U.S. Citizenship and Immigration Services (USCIS) has provided relatively clear guidance on when an amendment to your H-1B visa is required in the event of a change in work location.

Generally speaking, if an H-1B worker will be moved to a work location that is not within the same area of intended employment, such as a different metropolitan statistical area (MSA) or outside of reasonable commuting distance, the employer must first file an H-1B amendment. This rule was established in the precedent decision, Matter of Simeio Solutions, LLC, issued by the U.S. Administrative Appeals Office (AAO) on April 9, 2015.

However, there are exceptions to this general rule. For example, if the employer places the H-1B worker at a new worksite location outside of the MSA for a period of less than 30 days, an H-1B amendment may not be required. Additionally, certain locations where the employee may perform work, such as locations for employee development or peripatetic job nature, are considered non-worksite locations and do not require the filing of an H-1B amendment.

It is important to note that even if there is no change in the work location, an amendment may still be required. For example, if there is a material change in the job duties, an H-1B amendment typically would be needed. It is always best to consult with an experienced immigration attorney to help navigate the process of H-1B amendment, to ensure compliance with the rules and regulations.