H-1B authorization is job-specific, location-specific, and employer-specific. If an employee's job is expected to undergo a substantial material change (for example, duties, % time of appointment, title, salary, change of department, change or addition of worksites), an amended H-1B petition may need to be filed prior to the change. Employing departments must notify ISSS of any job change, and ISSS will determine if changes are considered "substantial.” Keep in mind our processing times when notifying ISSS of any changes, in case an amended petition must be filed in advance.
Adding/Changing Work Sites
Any change or addition to the worksite location of an H-1B employee must be reported to ISSS before any such change/move occurs. Local changes may simply the require posting of the existing Labor Condition Application (LCA). A change that is outside the city/metro area listed on the approved H-1B petition (see Form I-129, Part 5, #3 for locations) may require filing a new H-1B petition. This includes individuals who work from home, if the individual is located outside the city/metro area listed on the I-129. A person cannot start work at the new location cannot begin until the new H-1B petition is filed.
Contact H-1B staff at least 8 weeks before any such change/addition is planned. As explained in the Employer Responsibilities, H-1B employing departments and H-1B employees who fail to comply with these regulations may incur fines, penalties, revocation of the petition/visa approval, loss of the employee’s services, and/or immigration violations.