Sometimes when you are on your H-1B Visa, your worksite location can change which which makes it unclear whether you need to amend your H-1B Petition or you can just leave it alone without worrying about your visa being affected. This article will help you plan and strategize in deciding when you need to amend your H-1B Petition and when you do not need to.
When You Must Amend Your H-1B Visa Petition
- If you changed or are going to change your place of employment to a workplace location outside the metropolitan statistical area (MSA) or an “area of intended employment” that is covered in your current H-1 Petition. A new Labor Condition Application Certification obtained and posted at the new location will not suffice and you must still amend the visa petition.
When You Do Not Have to Amend Your H-1B Visa Petition and Posting a Copy of Your Original Labor Condition Application Certification at the New Location is Sufficient
- Move within the MSA: moving to a new job location within the same MSA or area of intended employment
- Short Term Placement: For 30 days or 60 days at the new location, as long as you are still based in the original location.
- Non-Worksite Locations: When you go to one of the following which counts as a non-worksite:
- Location to participate in employee developmental activities (conferences and staff seminars);
- When your primary job location is one place but occasional travel to other locations that can be casual, short-term, and recurring but not excessive (no more than 5 consecutive days);
- When you are a worker who spends most of your time at one place but also travels to other locations, and do not spend more than 10 consecutive days at one location.