H-1B Amendment Checker
Changed jobs, moved cities, got promoted, or switched to remote work? This free tool answers the one question everyone gets wrong: do you need an amended H-1B petition — and if so, by when?
Answer 7 questions about your change. You will get an instant verdict, the exact triggers behind it, and a filing checklist if an amendment is required. The single most important rule: an amendment must be filed before the change takes effect, not after.
Are you changing employers?
An amendment only covers changes with the SAME employer. A new employer means a different petition type entirely.
How to Use the H-1B Amendment Checker
1Answer honestly, one question at a time
The 7 questions cover employer, location, duties, salary, hours, client site, and remote work. If you are changing employers, the checker stops at question 1 — that is a transfer, not an amendment.
2Read the verdict and the triggers
Three outcomes are possible: amendment required (with every trigger listed), transfer instead, or no filing needed. The notes explain the edge cases — short trips, same-MSA moves, and raises.
3Follow the filing checklist
If an amendment is required, the results screen gives you the sequence: new certified LCA first, then the amended I-129, plus the support letter and evidence to attach.
4Check the timing before you move
The amendment must be filed before the change takes effect. If the change already happened, talk to an attorney promptly about a late amendment — do not wait for a site visit to surface it.
Who Should Use the H-1B Amendment Checker
H-1B workers relocating
Moving cities is the most common amendment trigger — the MSA test in question 2 decides it in seconds.
Workers changing roles or going remote
Promotions, duty changes, and work-from-home moves all change petition terms. Check before the change, not after.
Consulting and staffing employees
Client-site changes bring their own LCA and evidence rules. The checker flags the new-client trigger explicitly.
HR & immigration teams
A quick screen before any internal move: run the change through the checker and route amendments, transfers, and no-filing cases correctly.
How H-1B Amendments Work
An H-1B petition approves a specific job: a specific employer, a specific role, a specific worksite area, and a specific wage. When those terms change materially, the old approval no longer describes the job — so the employer must file an amended petition that does. The governing rule is 8 CFR 214.2(h)(2)(i)(E), and the Matter of Simeio Solutions (2015) decision made the timing explicit: the amended petition must be filed before the change takes effect.
The MSA test: the location rule that decides most cases
Your certified LCA covers an area of intended employment — effectively a metropolitan statistical area (MSA). A move within the same MSA is generally not a material change for the location alone. A move outside it is: the employer must obtain a new certified LCA for the new area and then file the amended petition. A home address counts as a worksite, so a work-from-home move to a different MSA follows the same rule. One narrow exception exists for short-term placement (up to 30 days, extendable to 60 in limited cases) — temporary placement only, never a permanent move.
Amendment costs at a glance
| Item | Amount / note | Who pays |
|---|---|---|
| Amended Form I-129 petition | Per current USCIS H and L fee page (varies by employer size and nonprofit status) | Employer |
| ACWIA training fee | Exempt when the amendment has no extension request | — |
| Premium processing (optional) | $2,965 | Employer or worker |
Fee schedule per USCIS — verify current amounts before filing, as fees change. Premium processing guarantees a decision (approval, denial, or RFE) within 15 business days.
Common amendment mistakes
- Filing after the move. The amendment must precede the change. A move first, filing later, is the most common and most avoidable violation.
- Treating a transfer as an amendment. A new employer needs a new petition with portability rules — not an amendment of the old employer's petition.
- Assuming a title change is safe. Titles do not decide — duties do. A promotion with materially different duties needs an amendment even if the employer and city stay the same.
- Forgetting the wage floor. Pay must stay at or above the LCA required wage at all times. A pay cut below it is a violation independent of any amendment.
- Working the new terms while pending. Unlike transfers, amendments carry no portability rule for new terms. Wait for approval before starting the new location or duties.
H-1B Amendment FAQs
What is an H-1B amendment?
An amended H-1B petition (Form I-129) that your employer files with USCIS when the terms of your approved H-1B job change in a material way — a new worksite outside the approved area, materially different duties, a switch between full-time and part-time work, or a new client site. It is filed by the same employer; a new employer means a transfer petition instead, not an amendment.
When is an H-1B amendment required?
Under 8 CFR 214.2(h)(2)(i)(E) and the Matter of Simeio Solutions decision (2015), an amended or new petition is required whenever there is a material change in the terms and conditions of employment. The classic triggers are: a move outside the metro area (MSA) on the certified LCA, materially different job duties, a full-time to part-time (or reverse) change, and a move to a new third-party client site. The amendment must be filed before the change takes effect.
Do I need an amendment if I move within the same city?
Generally no, for the location alone. If the new worksite is in the same metropolitan area (MSA) covered by your certified LCA, the move is usually not a material change. Two caveats: your LCA must cover the area, and a home worksite must be listed on it. A move to a different MSA needs a new LCA and an amended petition first.
How long does an H-1B amendment take?
Under standard processing, a few months, varying noticeably by service center. With premium processing (Form I-907, $2,965), USCIS guarantees a decision — approval, denial, or a Request for Evidence — within 15 business days. Timing matters more than speed here: the amendment must be filed before the change takes effect, so file early.
How much does an H-1B amendment cost?
An amended petition filed without an extension request is exempt from the ACWIA training fee, which makes a standalone amendment cheaper than a new H-1B petition. The exact total depends on employer size and nonprofit status — confirm it on the current USCIS H and L filing fees page before filing. Premium processing is an optional $2,965 on top.
Can I start the new role or location while the amendment is pending?
The safe answer is: keep working under the existing approved terms until the amendment is approved. Unlike a change of employer — where AC21 portability lets you start on receipt — an amendment has no equivalent portability rule for the new terms. Starting the new location or duties before approval carries status risk, so most attorneys advise waiting. Discuss your specific timing with your attorney.
What is the difference between an amendment and a transfer?
Same employer, changed job = amendment (amended I-129). New employer = transfer (a brand-new I-129 from the new employer that reuses your existing cap count, so no new lottery is needed if you were already counted). Under AC21 portability, transfer workers can start on receipt; amendment workers have no such rule for new terms. Use the checker above — its first question routes you to the right one.
What happens if I change jobs without filing a required amendment?
You risk falling out of status, and the problem often surfaces later: a site visit that finds you at an unlisted worksite, a future extension or transfer petition that exposes the unreported change, or a Notice of Intent to Revoke. Wage problems compound it — pay below the LCA required wage is a violation whether or not an amendment was filed. If a change already happened without a filing, talk to an attorney promptly about a late amendment.
Related tools
- H-1B Transfer Guide
Changing employers instead? Fees, timeline, eligibility checker, and document list for change-of-employer petitions.
- H-1B Wage Level Checker
Check whether a new salary lands in the right DOL wage level before the new LCA is filed.
- H-1B Sponsor Match Finder
Find companies that actually file H-1B petitions for your job title — useful if a change turns into a job search.
Methodology: verdicts apply the material-change rule (8 CFR 214.2(h)(2)(i)(E); Matter of Simeio Solutions, 2015), the MSA worksite rule, and the LCA wage-floor rule. Fee and timing figures reflect the USCIS fee schedule and standard adjudication practice, not guarantees. This tool is for informational purposes only and is not legal advice. Immigration outcomes depend on individual circumstances — consult a licensed immigration attorney before changing employers, worksites, or job terms. VisaTalentUSA is an independent research project, not affiliated with USCIS or DOL.