What Counts as a Material Change?
Material changes fundamentally alter the terms of the approved H-1B petition. The USCIS Policy Manual indicates that employers must notify USCIS when there are changes that affect eligibility. Major categories include changes to job duties, work location, wages, or the employing entity itself.
A change in job duties is material when the new responsibilities no longer match the original petition's specialty occupation description. Moving from a software developer role to a project manager role involves different duties and likely different SOC codes, making this a material change requiring an amendment.
Changes to worksite location are evaluated based on whether the new location falls within the same geographic area covered by the existing Labor Condition Application. Moves to different metropolitan statistical areas require new LCAs and typically amended petitions.
How Do You Determine If a Duty Change Is Material?
Compare your new duties against the duties described in your approved petition. If the core functions remain substantially similar, the change is likely non-material. If the new role involves fundamentally different work requiring different specialized knowledge, the change is likely material.
Consider whether the new duties would fit the same SOC code and wage level. A software developer who takes on additional code review responsibilities probably has not experienced a material change. A software developer who becomes primarily focused on sales activities has likely experienced one.
The Department of Labor uses SOC codes to categorize occupations. When duties shift enough to warrant a different code, an amended petition is typically necessary.
When Do Location Changes Require Amendments?
Location changes require amendments when the new worksite is outside the metropolitan statistical area covered by the existing LCA. Each LCA specifies the geographic area where work can be performed. Moving outside that area means the LCA no longer covers your employment.
A move from one office to another within the same city generally does not require an amendment. A move from New York City to Los Angeles definitely does. The question is whether the LCA's geographic scope covers the new location.
According to DOL regulations, employers must file new LCAs for worksites in different areas, even for short-term placements in some cases. The new LCA must be certified before work begins at the new location.
What About Remote Work Arrangements?
Remote work has created complexity in H-1B location compliance. If an H-1B worker's approved worksite is the employer's office and the worker shifts to remote work from home, the home becomes the actual worksite.
Whether this requires an amendment depends on where the home is located relative to the LCA's geographic coverage. Working from home in the same metropolitan area may be covered. Working from a different state likely is not.
Employers should establish clear policies about H-1B workers and remote work. The safest approach treats significant remote work arrangements as potential triggers for compliance review.
Do Promotions Require Amended Petitions?
Promotions do not automatically require amendments. The determining factor is whether the promotion changes the nature of the work. A promotion that involves higher pay and an elevated title but substantially similar specialty occupation duties typically does not require an amendment.
However, a promotion that moves someone from an individual contributor role to a management role with fundamentally different responsibilities may constitute a material change. The question is whether the new position still fits the approved petition's description.
Consider whether someone reviewing both positions would consider them the same occupation. If the promoted position would require a different specialty degree or involves completely different specialized knowledge, an amendment is likely necessary.
What If Only the Job Title Changes?
Title changes without corresponding duty changes generally do not require amendments. The H-1B is based on the actual work performed, not the administrative title assigned to the position.
Changing from "Software Engineer II" to "Senior Software Engineer" while continuing the same responsibilities creates no compliance issue. The substance of the position controls, and titles are largely administrative labels.
Document that the duties remained constant despite the title change. If questions arise later, this documentation demonstrates that no material change occurred.
How Do Salary Changes Affect H-1B Status?
Salary increases generally do not require amendments as long as the new salary still exceeds the prevailing wage. Paying more than the required minimum creates no compliance problem.
Salary decreases are more complex. If the reduced salary falls below the prevailing wage for the position, this violates H-1B wage requirements. Even if the new salary technically meets prevailing wage, significant reductions may raise questions about whether the employment relationship has materially changed.
The Labor Condition Application commits employers to pay at least the stated wage or the prevailing wage, whichever is higher. Reducing wages below the LCA amount creates compliance violations regardless of whether an amendment would otherwise be required.
Can Employers Reduce H-1B Worker Salaries?
Employers can reduce salaries only if the new salary still meets all wage requirements. The reduction cannot bring compensation below the prevailing wage or the wage stated on the LCA. Many reductions would violate one of these thresholds.
Additionally, employers must continue paying H-1B workers even during periods of nonproductive status due to business conditions. The DOL benching rules prohibit reducing pay or placing workers on unpaid leave when the lack of work results from employer decisions rather than worker choices.
Consult an immigration attorney before implementing any salary reduction for an H-1B worker. The legal requirements are more restrictive than for other employees.
What Happens During Corporate Restructuring?
Corporate changes affecting the employing entity often require amended H-1B petitions. When an H-1B worker's employer is acquired, merges with another company, or undergoes significant restructuring, the impact on H-1B status depends on what changed.
If the restructuring results in a new legal entity with a different Employer Identification Number becoming the employer, an amended or new petition is typically required. The H-1B is tied to a specific employer, and changing that employer is material.
According to USCIS guidance, successor-in-interest rules may allow the new entity to assume the existing petition under certain conditions. These rules are technical, and corporate transactions should involve immigration counsel review.
Does a Company Name Change Require an Amendment?
A simple name change without any change to the legal entity, EIN, or corporate structure generally does not require an amended petition. The employer remains the same; only the name is different.
However, document the name change thoroughly. The company should be able to demonstrate that the legal entity continued unchanged. This documentation supports the position that no amendment was required if questions arise.
Changes that go beyond simple rebranding, such as reorganizations that affect the corporate structure, require closer analysis of whether amended petitions are necessary.
