1. When Does a Worksite Move Require an Amended H-1b Petition?
The approved H-1B petition and Labor Condition Application (LCA) establish where sponsored work may occur. Under Matter of Simeio Solutions, LLC, moving to an area requiring a new LCA generally requires an amended petition. A different street address alone does not decide the issue.
Is the New Office within the Same Employment Area?
Under 20 C.F.R. § 655.715, the area generally covers places within normal commuting distance. A move within that area ordinarily does not require an amendment if no other material terms change.
- Compare both worksite addresses with the LCA's geographic coverage.
- Check whether duties, pay, or other petition terms have changed.
- Provide the required notice at the new worksite, even without a new LCA.
Related sponsorship obligations appear under H-1B visa representation; a worksite move differs from changing employers.
What If the New Worksite Is Outside That Area?
A move beyond the covered area generally requires a certified LCA and an amended H-1B petition. File before the changed assignment starts; check whether work may begin while USCIS reviews the petition.
| Location Change | General Filing Position |
|---|---|
| Within the covered area | Usually no amendment; new-site notice still applies |
| Outside the covered area | New LCA and amended petition generally required |
| Other material job change | Separate amendment analysis required |
2. What Lca Duties Apply before the Employee Relocates?
A new work location can change prevailing-wage obligations and worker-notice requirements. The LCA must cover the employee’s actual area of employment. HR should check its coverage rather than assume that one filing applies to every office.
How Should Employers Check Wages and Coverage?
Review the new work location against the certified LCA and the required wage obligations. A changed geographic area may call for a new prevailing-wage assessment.
- Confirm the employee's actual work location and assignment dates.
- Compare the required wage with the offered and actual wages.
- Retain the certified LCA and supporting wage documentation.
An immigration compliance review can help identify recordkeeping duties.
What Notice Must Reach Workers at the New Site?
Under 20 C.F.R. § 655.734, notice duties can apply even when a move stays within the existing LCA area. Keep proof of the required posting or electronic notice at the new location.
| Record | Compliance Question |
|---|---|
| Certified LCA | Does it cover the new employment area? |
| Notice documentation | Was notice provided at the new site? |
| Wage records | Is the required wage being paid? |
3. Can Employers Use a Short-Term Placement Exception?
A temporary assignment outside the LCA area may qualify under 20 C.F.R. § 655.735 without a new LCA. Employers must satisfy the rule’s workday limits, wage and expense duties, and other restrictions. Calling an assignment temporary is not enough.
When Do the 30- and 60-Workday Rules Apply?
The usual limit is 30 workdays per chosen calendar or fiscal year in an area. Up to 60 may apply if the worker retains a permanent workstation, spends substantial time there, and lives near it rather than the temporary site.
- Count actual workdays at sites in the temporary area.
- Check whether an existing LCA or another restriction bars this exception.
- Cover required wages, lodging, travel, and meal costs; check labor disputes.
Is a Brief Business Visit a New Worksite?
Some meetings, training visits, or occasional travel do not create a new place of employment. The employee's actual activities and time spent there matter more than the travel label.
| Assignment | What to Verify |
|---|---|
| Temporary placement | Day limits and required conditions |
| Brief non-worksite visit | Activity and duration |
| Ongoing client-site work | Actual worksite and LCA coverage |
4. What Should Hr Review before Approving the Move?
A client assignment or office move may look routine until the start date approaches. HR should compare the approved position with the proposed duties and location. An H1B visa law firm can assess the filing and notice requirements before relocation.
Which Existing Documents Matter?
Gather the approval notice, H-1B petition, LCA, job description, and worksite information. These records show what the employer previously represented to immigration authorities.
- Check current and proposed addresses and assignment dates.
- Compare job duties and specialty occupation requirements.
- Identify new reporting lines or changes in compensation.
For a different employer, the filing analysis changes; compare it with H-1B transfer assessment.
When May the Employee Start at the New Site?
Under 8 C.F.R. § 214.2(h)(2)(i)(E), the employer must file before material changes take effect. Working under those terms before approval requires H-1B portability eligibility.
- Obtain the necessary certified LCA before filing the amendment.
- Confirm proper filing and the worker’s H-1B portability eligibility.
- Check the proposed start date and track USCIS notices.
5. Frequently Asked Questions
Who Pays the Legal Fees for an H-1B Amendment?
Employers should review fee-allocation rules before billing an employee. H-1B employers generally cannot shift required petition-related business expenses in ways that reduce pay below the required wage.
Does a $100,000 H-1B Payment Apply to Every Office Move?
No. A worksite move alone does not establish that the $100,000 payment applies. Employers should verify the current proclamation and filing rules for the worker and petition.
Can an H-1B Employee Work Remotely From Home?
Remote work may create a separate worksite question. Employers should assess the home location, LCA coverage, applicable notice requirements, and whether an amendment is needed.
6. Review an H-1b Worksite Change with Sjkp
Before assigning a sponsored employee to another site, check the approved petition, LCA area, and planned start date. SJKP’s attorneys can review amendment requirements, notice duties, and employer records. Contact SJKP to discuss the proposed move and representation options.
04 Nov, 2025
