H-1B Workers and Employment at Client Sites

Last Updated on January 5, 2024

Do you place any of your H-1B employees at client sites or have them telecommute from home?

Regardless of where employees work, employers need to stay compliant with H-1B requirements based on their employees’ work location and any relevant job changes.

Whether employees are changing job locations or filing for an H-1B amendment, here’s what employers and employees should know about H-1B compliance in specific situations.

H-1B Workers: Changing Job Locations

Sometimes, H-1B employees are placed at third-party client sites, such as if they are performing consulting services or other contract work. Frequently, these H-1B workers change projects, end clients or relocate to a different client site during their H-1B validity period.

When there is a change in the job location, but all of the other terms of an H-1B petition remain valid (including title, duties, and salary), then the petitioning employer only needs to file a new Labor Condition Application (LCA) for the new job location(s) and ensure that the proper posting and compliance for each new LCA has been performed.

Considerations for Filing H-1B Amendments

Sometimes, either an amended H-1B petition or a new H-1B petition must be filed based on changes in an H-1B employee’s circumstances.

Typically, when a new LCA is filed, H-1B petitioners must also file a new H-1B petition or submit an amended H-1B petition. That can occur in the following circumstances:

  • When there is a change in the place of employment or geographical area
  • When there is a material change in the terms and conditions of employment

In either case, H-1B petitioners must file a new or amended H-1B petition before the H-1B employee can start working at a site not covered by an approved and existing H-1B petition.

When is an Amended H-1B Petition NOT Required?

An amended H-1B petition is not always required for changes in employment. In the following circumstances, an amended H-1B petition is not typically necessary:

  • A move within a geographical area intended for employment
  • Short-term placements
  • Non-worksite locations

If the H-1B employee is changing worksite locations but staying in the same geographical area, such as relocating to a different part of a city, an amended H-1B petition is generally not required. Even if a new H-1B petition is not required, the original LCA must be posted at the new worksite location.

If an H-1B employee will be posted at a new worksite for no more than 30 days, and in some cases up to 60 days, a new LCA is not required, which means a new or amended H-1B petition is also not required.

An amended H-1B petition is also not required if H-1B employees are going to a non-worksite location and there is no material change in employment. A “non-worksite” location includes a short-term situation, such as an employee traveling to a location to participate in job-related activities or training like conferences and seminars. Employees do not need to submit an amended H-1B petition if they spend little time at a particular location, or if they typically work at one place but travel to other locations occasionally for short periods of time.

Next Steps for Employers of H-1B Workers

H-1B employers must ensure compliance with all governing H-1B rules and regulations.

Given the complexity of the H-1B process, it helps to have an experienced immigration services provider on your side. Envoy’s dedicated support teams, including legal teams and more, can help employers and employees stay up-to-date and compliant with all aspects of the H-1B visa process.

Contact Us for Your H-1B Visa Needs