Blog

February 25, 2024

It’s great that your H1B job offers remote-work privileges, just remember that whether the job is partly-remote or fully-remote, that does NOT mean you can work from anywhere, nor can you move without telling your employer well in advance – and asking if they will approve the required amendment.

When you are in the United States and working for an approved employer under H-1B visa status, if you move to a new city, county or state, or anywhere that is outside the Metropolitan Statistical Area(s) listed in the original filing, then your employer needs to plan ahead for that move, post electronic notice of the new worksite address and file a new Labor Condition Application with the US Department of Labor, file an amended H-1B petition based on that new LCA, and obtain approval of that petition before you move! Without a new LCA that lists your new home/worksite address and amended H-1B approval based on it, you are not authorized to work at that new location.

Whether you are just starting out in H-1B visa status, or you are already past your 6th year and have an approved I-140 as well, please remember that an H-1B petition approval is only valid for the worksite location(s) listed on the underlying LCA, and other addresses in the same Metropolitan Statistical Area. If you move to anywhere outside the original metro area, and fail to notify your employer – so they did not have a chance to file a new LCA and get amended H-1B approval covering your new address – then you have put your own work authorization and maintenance of valid visa status in jeopardy, and you have imposed a compliance and cost surprise on your employer, which is never a good idea.

Note that such changes of address pose the same risk for Australian E-3 treaty professionals and for Chile/Singapore H-1B1 treaty professionals, but because these visa types can be obtained directly at a US Embassy or Consulate abroad, with an underlying Labor Condition Application but without a petition to USCIS, filing a petition to amend a worksite location is not an expense the US employer may have anticipated.

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