Business moves fast - your H-1B employee gets a promotion, or your company opens a new office and asks them to relocate. When material changes happen to an H-1B worker’s job (like a different work location, title, duties, hours, or employer), U.S. Citizenship and Immigration Services (USCIS) rules require filing an H-1B amendment petition. An H-1B amendment is essentially an updated I-129 petition informing USCIS of the change and, if needed, attaching a new certified Labor Condition Application (LCA) for the new terms. Filing timely amendments is critical to maintaining compliance - failing to do so can jeopardize the employee’s status.

In this guide, we’ll explain exactly when an H-1B amendment is required, how to file one step by step, what documents and fees are needed, how long it takes, and answers to common questions like “Do I need a new LCA for an H-1B amendment?” and “Can my H-1B employee start work at the new location before approval?”. We will also share tips to avoid Requests for Evidence (RFEs) on amendment filings and how to smoothly track and manage amendments (including tools like HRIS integration). If you’re an HR manager or global mobility specialist managing H-1B workers, this guide will equip you to handle amendments confidently and keep your company in compliance with USCIS and Department of Labor (DOL) regulations.

Key topics covered: We’ll start by clarifying what counts as a “material change” requiring an H-1B amendment (location changes, role changes, salary changes, etc.) under USCIS policy. Then we’ll detail the amendment process - including getting a new LCA, preparing the Form I-129 petition, and filing with USCIS. We’ll discuss H-1B amendment fees and processing times, including when to use premium processing. You’ll learn the difference between an amendment vs. an extension vs. a transfer (change of employer) and when you might combine them. We’ll also address common scenarios and questions: e.g., “Do I file an amendment for a promotion in the same location?”, “What triggers an RFE on amendments?”, “Can I file multiple amendments concurrently?”, and “How do I track amendments in my HR systems?”. Lastly, we’ll cover best practices such as planning around the 240-day rule for pending extensions and using technology (or Gale’s platform) to flag when an amendment is needed (like a job title change). Throughout, we’ll cite official guidance and real examples (like the landmark Simeio Solutions policy for worksite changes).

Let’s begin with the basics - what an H-1B amendment is and when you need to file one.

What Is an H-1B Amendment and When Is It Required?

H-1B status is job-specific. The initial H-1B petition you filed for an employee defines their employer, job title, duties, work location(s), hours (full-time/part-time), and wage. If any of the key terms and conditions of employment change materially, USCIS must be notified through an amended petition. In other words, an H-1B amendment is a new petition (Form I-129) that references the original approval and outlines the changes, with a corresponding LCA if needed, to ensure the H-1B worker’s record with USCIS stays accurate.

According to USCIS and case law, here are the most common scenarios that require an H-1B amendment:

• Worksite location change to a different metropolitan area. If your H-1B employee will be working in a new location outside the metropolitan statistical area (MSA) covered by the original LCA, you must file an amendment before they start at the new location. For example, moving from New York to Boston = amendment needed (different metro areas). This was cemented by the 2015 Matter of Simeio Solutions decision, which made clear that location changes triggering a new LCA are “material” changes requiring amendments. (Note: short-term placements up to 30 or 60 days can be an exception; we’ll explain that later.)
• Job title or duties change significantly. If the H-1B employee’s role changes to a different position (especially if it’s in a different SOC occupation code or requires different qualifications), that is a material change. For instance, an H-1B software engineer promoted to a managerial role or transferred to a different department might need an amendment if the job duties are substantially different. A change from part-time to full-time (or vice versa) is also material.
• Wage increase or decrease beyond what was on the LCA. Normally, a raise that keeps the wage above the prevailing wage doesn’t require a new petition by itself. However, if the wage change is due to a change in hours (like going from 40 to 20 hours/week) or position, then yes, an amendment is needed because hours and thus pro-rated salary changed (you would need a new LCA for part-time).
• Change of employer structure (successor entity). If your company undergoes a merger/acquisition and the H-1B is now technically with a new entity (different FEIN), typically an amendment is required (though sometimes if it’s just a corporate name change and you’ve filed a successor-in-interest statement, an amendment might not be needed - but often companies do it for clarity).
• Concurrent employment addition. If an H-1B worker takes a second H-1B job (with a different employer or even the same employer in a separate role), that actually isn’t an “amendment” to the first petition but a new concurrent H-1B petition filed by the second employer. So while not an amendment per se, it’s worth noting: each employer needs its own petition. If your company is adding a concurrent part-time H-1B role for someone who will keep an H-1B with another employer, you file a new petition, not amend the other company’s.

When is an amendment not required? There are a few important exceptions:

• Location changes within the same MSA: If the employee moves worksite within the same metropolitan area (or within “normal commuting distance”), no new LCA or amendment is needed. You just need to post the original LCA at the new site. For example, moving an H-1B from an office in Manhattan to an office in Brooklyn (both in NYC MSA) doesn’t trigger an amendment.
• Short-term placements: The DOL allows short-term assignments up to 30 days (and in some cases up to 60 days) in a different location without a new LCA. USCIS recognizes this for amendments too. So if your H-1B goes to a client site in another state for a few weeks and remains based at the original site, an amendment may not be needed. Strict conditions apply (the employee must maintain a “home” worksite, etc.).
• Non-worksite visits: If the H-1B is going to a location for a seminar, conference, training, or occasional short travel, that’s not considered a new “place of employment” and no amendment is required. Example: an H-1B engineer attending a 2-week corporate training in another state - no amendment needed since it’s a temporary, non-worksite activity.
• Purely administrative changes: e.g., company name change, or moving the employee to a new department but with the same duties and location, might not require an amendment. If in doubt, many employers err on the side of caution and file one anyway.

File Before the Change: Crucially, you must file the amended H-1B petition before the employee begins the new role or at the new location. However, the employee can start working in the new conditions as soon as the amendment is filed (you do not have to wait for approval). This is a portability-like benefit for amendments. If the amendment were later denied, the worker would have to revert to the old position or potentially leave if the old job doesn’t exist - so it’s important the amendment is properly done.

Now that we know when you need an amendment, let’s go through how to file an H-1B amendment step by step.

H-1B Amendment Filing Process (Step by Step)

Filing an H-1B amendment is very similar to filing an initial H-1B petition, with a few differences. Essentially, it’s a new Form I-129 petition with the “amended petition” box checked, including a new LCA for the changed terms if required. Here’s the process:

1. Determine if a new LCA is needed. In most cases of material change, you’ll need to file a new LCA with the DOL for the amendment. For example, if the worksite is changing, a new LCA for the new location is mandatory. If the job title/duties are changing, you should get a new LCA reflecting the new role (and prevailing wage for it). Even for wage/hour changes, if it alters full-time/part-time status or pushes wage below prevailing, get a new LCA. Action: Submit a new LCA (ETA 9035e) on the DOL FLAG system for the role, location, and salary of the amended position. LCAs take ~7 business days to be certified, so do this first. Note: If no new LCA is needed (rare cases), ensure the original LCA still covers the new terms (e.g., move within same MSA doesn’t need new LCA).

2. Prepare Form I-129 and supporting documents. This is the main petition form. On the I-129, you will indicate it’s an H-1B amendment. Specifically, in Part 2 of the I-129, Question 2, you’d check “Continuation of previously approved employment without change” or “with change” appropriately - since this is with material change, it’s an amended petition (often “amended petition” plus “extension” if you’re extending the dates too). Key supporting documents include:

• New LCA (certified) if applicable.
• Cover letter or executive summary explaining the changes. It should clearly state what the original approved petition was (provide receipt number) and what changes have occurred (e.g., “Employee will relocate from our New York, NY office to our new Boston, MA office as of XX date. Job duties and salary remain the same.” or “Employee has been promoted from Software Engineer to Senior Software Engineer, with expanded duties as described, and salary increased from $100k to $120k. This role remains a specialty occupation in the same field.”). While not mandatory, a clear letter helps the USCIS officer understand the amendment and can preempt confusion (and RFEs).
• Supporting evidence for the new role/location: This may include an updated employment offer or transfer letter, new job description, organizational charts if role changed, etc. Essentially, prove the new role is a specialty occupation and the employee is qualified for it (similar to initial H-1B filing). If the amendment is just a location change, you might include a letter confirming the relocation and that duties/wages remain the same.
• Proof of maintenance of status: Since the person is already in H-1B, include recent pay stubs and the existing H-1B approval notice. This shows they maintained status up to the amendment. This is important especially if you are filing an amendment+extension close to the I-94 expiry or if there was any gap.
• Any other required forms: If using premium processing, include Form I-907 and the fee (we’ll cover fees in the next section). If the amendment involves adding a new dependent or changes to previously provided dependent info, update those forms.

3. Include required fees. The fees for an H-1B amendment can be a bit confusing because some fees apply only to initial filings or change of employer. Generally, for a same employer amendment without extending the H-1B beyond current validity, you must pay the $460 I-129 base filing fee. ACWIA fee ($750 or $1,500) - do you pay it again? If you are not extending the total H-1B timeframe, often the ACWIA training fee is not required for a pure amendment (since you paid it with the initial petition). Fraud prevention fee ($500) - that one is only for initial H-1Bs or change of employer, not for amendments with same employer. However, many amendments are filed in conjunction with an extension of stay, in which case the ACWIA fee does apply as it would for any extension. In summary:

• Base fee $460 is always required.
• $500 fraud fee not required for same employer extension/amendment.
• ACWIA fee $750/1500: not for a pure amendment that doesn’t extend stay. But if you check extension of stay on I-129 or it’s an amendment+extension, you include it. To be safe, many employers include the training fee if they are extending the H-1B period or if uncertain, to avoid an RFE for underpayment. (USCIS has in the past issued RFEs if they think a fee was missed.)
• Premium processing fee $2,500 (optional) if you want 15-day processing.
• If the amendment is also a change of employer (e.g., you acquired an H-1B worker from another company in a merger and are filing an amendment+transfer), then fraud fee would apply because it’s a new employer.

We’ll break down fee scenarios in the FAQ. But for a typical amendment with same employer and no time extension, the total fee is $460 (or $2,960 with premium). If you’re extending the time as well, add $750/1500 ACWIA fee.

4. Submit to correct USCIS service center. Filing addresses for H-1Bs can vary by state of employment and whether premium is used. Check the latest USCIS instructions for I-129. Most amendments go to the same service center that handles your region’s H-1Bs (e.g., California or Vermont center). If premium, you may send to a different address or add “ATTN: Premium Processing”. When in doubt, consult the USCIS website. Once filed, you’ll get a receipt notice (and can use the receipt number to track it).

5. Employee can start under new conditions upon filing. As mentioned, under AC21 portability rules for H-1Bs (which cover amendments as well as transfers), the employee does not have to wait for approval to assume the new role or relocate, as long as you filed the amendment in advance and they continue to meet H-1B conditions. It’s wise to have proof of the filing (e.g., FedEx receipt or USCIS email receipt) before they officially change worksite or title. Keep in mind, if the amendment gets denied, the worker should revert to the prior approved job (if possible) or depart if no other status - so it’s critical to file a strong amendment.

6. Track the case and respond to any RFEs. Amendment petitions can get Requests for Evidence just like regular H-1Bs. Common RFEs on amendments question whether the new role is still a specialty occupation (often if title changes to something not obviously requiring a degree) or ask for client letters if new worksite is at a 3rd-party (consulting assignment). We’ll cover RFE triggers in a later section. If you get an RFE, respond within the deadline with the requested info. The H-1B employee can keep working during the RFE/processing period, since the original H-1B remains valid and the amendment was filed.

7. Approval and new notice (I-797). Once approved, USCIS will issue a new Form I-797 approval notice for the H-1B amendment. If this included an extension of stay, it will have a new extended validity date and I-94 at bottom. If it was purely amendment with no date change, the end date might remain same as original. The employee should keep this new notice with their records. If they go for visa stamping later, they’d use the latest approval notice to demonstrate their current employment details.

8. Consequences of denial: If, for some reason, the amendment is denied while the original H-1B approval is still valid and the worker is still in the original role, they can continue in the original position under the original petition. But typically, by the time a denial comes, the circumstances have changed. A denial could occur if USCIS thinks the new role isn’t a specialty occupation or the person isn’t qualified. In practice, H-1B amendments have high approval rates - 85-95%+ depending on the year (in FY2022, H-1B petitions for continuing employment had only a ~2% denial rate). If denied, you should consult counsel. Sometimes refiling or moving the person back to old role (if feasible) is necessary. The portability provision allowing work upon filing does not grant grace period after denial, so the person falls out of authorization for the new role immediately at denial.

That’s the process overview. Next, let’s talk about timelines and ways to speed up amendments.

H-1B Amendment Processing Time and Planning

How long does an H-1B amendment take to be approved? USCIS processing times for H-1B petitions (whether initial, transfer, or amendment) can vary by service center and workload. In recent years, regular (non-premium) H-1B processing has ranged anywhere from 2 months to over 8 months. According to a Docketwise report, USCIS typically processes H-1B amendments within 100-150 days on average - that’s roughly 3 to 5 months. However, during busy periods or if there are RFEs, it could be longer.

Premium Processing: To avoid uncertainty, many employers use premium processing for amendments. Premium guarantees USCIS will take action (approve, deny, or RFE) within 15 calendar days, for a $2,500 fee. If the change is time-sensitive (e.g., the employee must start at the new location by a certain date or their current approval is about to expire), premium is worth considering. Some employers also use premium to minimize the risk of an amendment pending beyond the H-1B’s expiration (though as long as filed timely, the employee can keep working for up to 240 days pending an extension).

For context, in FY2022, a vast majority of H-1B continuing employment petitions (including amendments/extensions) were approved. The denial rate for continuing petitions was only 2%, down from higher rates a few years prior. So statistically, if your case is solid, you have a 98% chance of approval. Premium doesn’t increase chances of approval, but it gets you certainty faster.

Planning considerations:

• File early: You know an amendment must be filed before the change takes effect. So, plan ahead. If you foresee a promotion or location change a month from now, start the LCA process now. For location moves, an LCA posting is also required at the new location (even before filing, you should post the notice or at least by the time of filing).
• Align with extensions if possible: If your H-1B’s validity is anyway ending in say 10 months, and a role change comes up, you might choose to file a combined amendment + extension (amend the terms and request to extend for up to the remaining H-1B time or a full three-year if eligible). This way you handle it in one filing. USCIS permits filing an amendment with extension of stay simultaneously. Just remember to include the ACWIA fee in that case, as it’s also an extension.
• 240-day rule: If you do file an amendment with extension, note that while extensions give an automatic 240-day work authorization past expiration while pending, amendments without extension do not, since they don’t extend the I-94. So, differentiate these. If an H-1B is expiring and you file an extension (or amendment+extension) before expiry, the worker can continue for 240 days beyond the I-94 expiry while USCIS processes it (which usually is enough). The 240-day rule doesn’t apply to amendments that don’t involve extending stay - in those cases, the person’s work authorization isn’t based on the amendment but on the original approval dates.
• Travel during amendment: It’s generally advised that the H-1B worker not travel internationally while an amendment is pending, if possible. If they must travel, they should carry proof of the filed amendment when re-entering. If re-entering with an old visa and petition, it can complicate matters if the amendment is approved with a new I-94 while they’re abroad. The safest route is to avoid travel until the amendment is approved, or if urgent, consult an attorney about refiling or travel strategies (sometimes the amendment might be converted to consular processing if travel occurs).
• Multiple amendments (“bridging”): Sometimes an H-1B might need another change while an amendment is already pending. For example, you filed an amendment for a worksite change, and while that’s pending, the person gets a promotion requiring another amendment. Can you file a second amendment while the first is pending? Yes, you can file another amendment, but this situation creates “bridging” - USCIS will usually adjudicate the second amendment only if the first is approved, since each builds on status from the previous. If the first one were denied, the second could be denied too because the person’s status during filing of #2 was not secure. This is complex - in practice, if multiple changes happen in short succession, the best approach is to include all changes in one amendment if possible or premium the first so it’s done, then file the second. Try to avoid overlapping amendments because it can get messy. If unavoidable, definitely use premium on the first and consult counsel on timing.

Now let’s address some specific FAQs and scenarios about amendments:

Handling Promotions, Location Changes, and Other Scenarios

We’ll tackle a series of common questions in this section, since they come up often for employers:

Do I need to file an H-1B amendment for a promotion or change in job duties? If the promotion significantly changes the job duties or requirements, yes. Example: H-1B was a Mechanical Engineer, now promoted to Project Manager leading a team (less hands-on engineering, more management) - that likely requires an amendment because the duties and possibly required background changed. On the other hand, a simple change in job title with very similar duties might not need one. USCIS generally says if it’s a material change in the employment terms (including duties), file an amendment. It’s best to err on the side of caution. Also, promotions often come with raises - ensure the wage still meets prevailing for the new level; if not, new LCA and amendment definitely required.

Do I need a new LCA for an H-1B amendment? Almost always, yes. Any time you file an amended petition, you should include a corresponding LCA for the new role or location. The LCA is tied to specific work conditions (location, SOC code, wage). The only time you might not need a new LCA is if the change is extremely minor and still within the scope of the original LCA. For example, if an employee moves from one office to another in the same city and nothing else changes, you can use the same LCA (just repost it at the new site) and arguably you’re not required to file an amendment either. But any scenario where an amendment petition is required implies some aspect that the original LCA didn’t cover, thus a new LCA is needed. Important: file the LCA first and get it certified before you send the amendment to USCIS - you must include a certified LCA in the petition.

How do I decide between filing an amendment vs. waiting for extension? If the change already occurred or will occur soon, you can’t wait - you must file an amendment now. If you know a change is coming down the line but it’s far off and the employee’s H-1B extension window is also coming up, you might combine them. USCIS’s final guidance after Simeio indicates you should file an amendment whenever required, even if the change happens to coincide with an extension filing perioduscis.govrnlawgroup.com. But practically, combining them (amend + extend) in one petition can save fees and paperwork. Just don’t delay a required amendment solely to bundle with an extension months away - that could put the employer and employee out of compliance (they’d be working in changed conditions without USCIS being notified).

What triggers an RFE on an H-1B amendment petition? Common RFE triggers include:

• The new job title or duties appear not to be a specialty occupation (same as any H-1B). For example, if the amendment says the person’s new role is “Market Research Analyst” - a role that sometimes gets RFEs - USCIS might ask for evidence the job meets the specialty occupation test. Ensure your job description and supporting letter clearly detail the specialized duties and degree requirements.
• Level 1 wage issues: If the new LCA is a Level 1 wage and the role is borderline, USCIS might issue an RFE asking how the position is entry-level yet specialized. This has been a trend before. Solution: provide a solid explanation and perhaps an expert opinion.
• Third-party worksite: If the amendment involves placing the H-1B at a client site or new off-site location, expect an RFE for contracts, itinerary, client letter, etc. USCIS in the past heavily scrutinized off-site arrangements. Even though policy has eased slightly, amendments in consulting contexts frequently get RFEs to prove employer control and that there’s qualifying work for the duration. Provide detailed contracts and work assignment letters upfront if applicable.
• Qualifications: If the employee’s degree or background doesn’t obviously qualify for the new position, USCIS may RFE for proof of qualifications or why the degree is relevant. For example, if originally they were a Software Developer with a Computer Science degree, and now you’re amending to make them a Business Analyst, USCIS might question if a CS degree is relevant to a business analyst role. You’d need to justify that.
• Maintenance of status: Sometimes USCIS asks for recent pay stubs and evidence the person maintained H-1B status up to the amendment filing. This is routine - they want to ensure the person was actually employed and paid as per the previous terms. Always include a few recent pay stubs and the latest H-1B approval notice in the amendment filing to preempt this RFE.

To minimize RFEs: provide a detailed support letter with the amendment explaining the change and reaffirming the H-1B criteria (job requires at least bachelor’s in X field, employee has that degree, etc.). Essentially, treat it like a new H-1B petition in terms of thoroughness, even though it’s an amendment.

Can I track H-1B amendments in my HRIS system? Yes, and you should. Many HR teams use a simple spreadsheet or their HRIS to track visa expirations and needed actions. You can include fields like “Worksite” and “Job title” and have triggers if those fields change for an H-1B employee. Some immigration management platforms (like Gale) integrate with HRIS to do this automatically. For example, if HR updates Workday with a new job title for an H-1B employee, Gale’s system can flag: “This individual’s visa may need an amendment”. If not using an automated tool, train HR business partners to alert your immigration specialist whenever an H-1B’s role or location is about to change. Inter-department communication is key - you don’t want an H-1B being internally transferred without immigration knowing. Set up a process: any job change for a foreign national must go through an immigration compliance review.

Do I need a lawyer for an H-1B amendment or can we file ourselves? If your company regularly files H-1Bs and is comfortable with the process, an amendment is straightforward. Many employers handle in-house. However, if the situation is complex (e.g., tricky RFE history, third-party client site involved, employee nearing 6-year limit, etc.), it’s wise to involve your immigration attorney. Given that amendments have the same legal standards, any mistakes could risk the employee’s status. A qualified H-1B immigration lawyer can certainly add value, especially in addressing any edge issues in the cover letter and ensuring all fees and documents are correct. They can also turn it around faster. If you’re new to H-1B filings, using an attorney for the first one and then using that as a template for future in-house filings can be a good strategy. Keep in mind, Gale’s immigration platform includes attorney review in its process - so if you use Gale, each amendment is prepared and checked by an attorney before filing, combining software speed with legal assurance.

Let’s move to a wrap-up of key points and then the FAQ section for any remaining questions.

Staying Compliant and Final Tips

To ensure you’re always on top of H-1B amendment requirements, consider these final tips:

• Proactively check changes: At least quarterly, scan for any planned H-1B employee moves or role changes. Work with HR to forecast - e.g., if you know a reorganization is coming, identify the H-1Bs affected and plan amendments in advance.
• Don’t delay filings: The safest approach is to file the amendment before the change occurs (or same day at latest). Remember, the H-1B worker can start the new job on the day you file, not before.
• Bundle multiple changes into one amendment if timing aligns: If an H-1B is getting a promotion and moving worksite at the same time, do one amendment covering all changes (with one new LCA that covers the new role at the new location).
• Keep documentation of everything: In your amendment file, keep the proof of filing, the new approval, etc. This will be useful for future extensions or audits. Also, document internal decisions - e.g., if you decided an amendment wasn’t needed for a minor change, note why (so if an auditor or lawyer later asks, you have reasoning).
• Use technology to assist: As mentioned, leveraging software like Gale can automate alerts for amendments and generate the necessary paperwork swiftly. Gale’s platform can even pre-populate an amendment petition by duplicating data from the original and updating the changed fields, cutting down preparation time. According to Gale’s data, companies using their system saw a significant drop in missed amendments and achieved faster filings (often preparing an amendment in hours instead of weeks).
• Educate stakeholders: Ensure managers of H-1B employees know that seemingly simple changes (like moving an employee to a different office) can have immigration implications. It’s frustrating but true that even a short relocation triggers legal filings. Getting buy-in to involve immigration early will save headaches.
• Monitor USCIS policy changes: USCIS occasionally issues policy memoranda or updates that affect H-1B amendments. For instance, the Simeio guidance in 2015 was a big change. Stay updated via reliable immigration law resources (Fragomen, BAL, etc.) or subscribe to Gale’s newsletter for compliance updates. As of now (2025), the rules we discussed are current, but always double-check if anything new has come out.

Alright, we’ve covered the landscape of H-1B amendments. To close out, here’s a quick FAQ addressing some common questions we haven’t yet fully answered, reinforcing many points discussed:

FAQ: H-1B Amendments

Q: How do I file an H-1B amendment for a new location? A: Filing an H-1B amendment for a location change involves getting a new LCA for the new worksite, then filing a Form I-129 petition (with the “amended” option selected) including that LCA and supporting documents. Outline in a cover letter that the employee is moving from Location A to Location B, and include details like the new address and that you’ve posted the new LCA. Submit the petition to USCIS before the employee starts working at the new site. Once you have the courier receipt or USCIS receipt, the employee can begin work at the new location without waiting for approval. Be sure to also post the LCA notice at the new location as required. Essentially, treat it like a mini H-1B filing: new LCA, I-129 form, $460 fee (plus any other applicable fees), and evidence of the continued specialty nature of the job (though if duties remain same, just restate them). Many employers use premium processing to expedite location amendments if the move is time-sensitive.

Q: What documents are required for an H-1B amendment? A: The core documents include:

• A certified Labor Condition Application (LCA) for the new role/location.
• Form I-129 with H-1B Data Supplement and H-1B Employer attestation pages, completed as an amended petition.
• Support letter from the employer explaining the changes (new job duties, new location, etc.) and confirming the position still requires the relevant degree.
• Offer letter or promotion letter if role changed, or inter-office transfer memo if location changed, to evidence the change.
• Prevailing wage proof (typically the LCA itself suffices, but if job changed, you might include how you determined the prevailing wage).
• Employee’s qualifications: if the role changed fields, include the degree certificate/transcripts to show the employee is qualified for the new position (usually you’d include their degrees anyway as part of H-1B forms).
• Recent pay stubs and existing H-1B approval notice, to prove the person is in status and to bridge to the new petition.
• Client letter or SOW if moving to a client site or third-party location, detailing the work to be done there.
• Any required forms like I-907 for premium or an updated I-129DC if dependents are filing extension too.

In short, it’s very similar to the initial petition’s document set, focusing on anything new. Always include the basics (forms, fees, LCA) and then documentation to support the specific change.

Q: How long does USCIS take to process an amendment? A: Regular processing can take a few months - often around 3-5 months on average, but it varies. Some cases are quicker (2 months) if the service center isn’t busy; some take 6+ months especially if an RFE is issued. With premium processing (15 days), you can get a result in as little as two weeks. In practice, many employers opt for premium if the amendment is urgent or if the employee needs to travel or renew a visa stamp soon. Keep in mind the 240-day rule: if your amendment is also an extension and is pending past the H-1B expiration, the employee can keep working up to 240 days post-expiry. But for a pure amendment (no time extension) the original expiry stays, so be mindful of that. As of mid-2025, USCIS Vermont and California Service Centers were processing H-1B extensions/amendments in roughly 4 months on regular track (this can change - always check the current USCIS processing times for I-129 H-1B).

Q: When should I file an H-1B amendment vs. an H-1B extension? A: File an amendment whenever a material change occurs, regardless of timing. An extension is filed when the current H-1B period is nearing its end (within 6 months of expiration). Often, you will file both together - for example, if your employee’s H-1B expires in 9 months but they are changing location now, you’ll file an amendment now to cover the change and you might request an extension of stay for another 3 years in the same petition (since you’re within 6 months of expiry). If the expiration is further away, you might do just the amendment now and do a separate extension later. Remember, an amendment doesn’t reset the 6-year cap; it’s tied to it. Strategically, if an employee’s role will change and their H-1B is up for extension soon, you can save cost by combining them. But never delay a required amendment solely to coincide with an extension - working in the new role without an approved or pending petition covering that role would put the employer and employee out of compliance. If unsure, err on filing the amendment as soon as required, and consult counsel if you think you might wrap an extension into it.

Q: Can I amend an H-1B after a promotion at work? A: Yes, if the promotion significantly changes the job’s duties or requirements, you should amend. Promotions within the same field that don’t substantially change duties (e.g., Software Engineer to Senior Software Engineer doing similar work) might not need an amendment in some cases, but many employers still file to be safe, especially if the job level and wage change. USCIS’s stance is that a “material change” in job duties warrants an amendment. A higher title often means more managerial duties - that could be considered material. Also, if the promotion bumps salary a lot, your LCA on file might be out of date for the wage (though paying more than LCA isn’t a violation, paying less is). To be safe: if in doubt, file. It’s relatively low effort and maintains compliance. If it’s a minor change, talk with immigration counsel to evaluate. Keep documentation either way. Some employers hold off if the promotion is purely nominal (title inflation) and the person is doing the same core work - but this can be risky if USCIS later in an extension questions the progression without an amendment on record. So yes, after a promotion, plan to file an H-1B amendment petition with a new LCA for the new position, ideally effective on the promotion start date.

Q: What triggers an RFE on an H-1B amendment petition? A: Many of the same issues as initial H-1Bs: if the job’s specialty nature isn’t evident, if the wage level seems inconsistent with the duties, if there are third-party worksites, or if USCIS has any doubt about the changes. For example, an amendment to move an H-1B to a client site could trigger an RFE for contracts and itineraries. An amendment changing job title from “Engineer” to “Analyst” could trigger an RFE asking how the roles relate and possibly questioning the specialty occupation if “Analyst” is seen as vague. To avoid RFEs, provide clear, consistent evidence: updated job descriptions, client letters if applicable, detailed explanation of why the job still requires a specific degree, etc. Also ensure all forms and fees are correct - USCIS could issue an RFE (or Notice of Intent to Deny) if, say, the ACWIA fee was mistakenly omitted when required. A common RFE is also maintenance of status - USCIS asks for pay stubs to confirm the person maintained H-1B status prior to the amendment filing. If you included a few recent pay stubs initially, you preempt that. So in summary: RFEs are triggered by any ambiguity or missing info about the new job’s eligibility or the employee’s status. By treating the amendment petition as carefully as an original filing, you minimize RFEs.

Q: How to track H-1B amendments in my HRIS system? A: If you have a field for “Visa status” or “H-1B expiration” in your HRIS, consider adding fields like “Work Location” and “Job Title” that are linked to visa compliance. You could implement a simple business rule: whenever an H-1B employee’s location or title field is edited in HRIS, a notification goes to the immigration specialist to review if an amendment is needed. Some systems allow custom alerts or workflows - use that. Additionally, keep a central visa roster spreadsheet as a backup: list all H-1B employees, their current LCA work locations, job titles, etc. Periodically compare that to HRIS to catch changes. If you use an immigration case management tool (like Gale or Envoy), many offer an HRIS integration or at least let you log changes and due dates. Gale’s platform, for instance, can sync with HR data and flag when a change in job info might require an H-1B amendment. In absence of fancy tools, it might be manual - e.g., have HR business partners required to fill out a short questionnaire before any internal move: “Is the employee on a work visa? If yes, did you consult the immigration team?” This way, no change slips through unnoticed. The key is awareness across HR that visa considerations exist. Regular training and communication can ensure that HRIS changes trigger the human action of checking for an amendment need.

Q: Do I need a new LCA for an H-1B amendment? A: In almost all cases, yes. The LCA is specific to location, occupation, and wage. If any of those change materially, a new LCA must be filed and certified. USCIS will expect an LCA that matches the new terms attached to the amendment petition. For example, if it’s a location change to a new city or county, definitely a new LCA. If it’s a job title/duty change but same location, you should still get a new LCA because the SOC code or wage level might differ for the new role. The only case with no new LCA is if the change is within the same area and same job category (e.g., internal transfer to a branch office nearby doing the same job - then the original LCA might technically cover if that location was within the area of intended employment and perhaps listed as a secondary worksite). But typically, LCAs are location-specific, so you’d not risk it. Bottom line: plan on filing a new LCA as part of any amendment (except perhaps an amendment solely for a minor wage increase where job and location unchanged - but wage increase alone doesn’t usually require an amendment or new LCA as long as it remains above prevailing). It’s better to have an LCA that exactly matches the amended petition’s info, to avoid any compliance questions. Since LCAs are quick and free to file (just time-consuming ~7 days), it’s usually no issue to get one.

By following the guidance in this article, you’ll be able to confidently navigate H-1B amendments for your employees, keeping their work authorization secure and your company compliant. Remember that timely filing and thorough documentation are your best friends in this process. Changes in business are inevitable, but with a solid immigration plan, those changes won’t derail your workforce. If you ever feel unsure about a particular situation, don’t hesitate to consult an immigration attorney or reach out to Gale for support - it’s far easier to ask beforehand than to clean up a compliance mess afterward.

Need assistance with an H-1B amendment or other visa filings? Gale Visa’s automation platform coordinates with expert legal teams to help you determine when amendments are needed and handle the entire filing process seamlessly. Book a consultation with Gale Visa today to ensure your immigration program adapts to every promotion, relocation, or organizational change without a hitch. We’ll make sure no compliance requirement falls through the cracks, so you can focus on managing your talent, not paperwork.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult with an immigration attorney for advice on specific situations.