Getting Promoted on H-1B: When You Need Amendment vs When You Don't
Congratulations on the promotion! But does your new role require H-1B amendment filing with USCIS? Here's when amendments are required.
Quick Answer
Material changes to H-1B position require amendment before starting new role. Material changes include: title change to different occupational classification, significant duty changes (more than 50%), work location change to different MSA (Metropolitan Statistical Area), or salary decrease below LCA wage. Minor changes within same role don't require amendment: small salary increases, same title with expanded responsibilities, work location within same MSA.
Key Takeaways
Material changes require amendment filed before starting new role
Different job duties or occupational classification = amendment required
Work location change to different MSA (area) = amendment required
Salary decrease below LCA wage = amendment required
Salary increases and promotions within same role = no amendment needed
Amendment filing costs $460 + attorney fees ($2,000-$5,000), takes 2-4 months
Key Takeaways
Material changes require amendment filed before starting new role
Different job duties or occupational classification = amendment required
Work location change to different MSA (area) = amendment required
Salary decrease below LCA wage = amendment required
Salary increases and promotions within same role = no amendment needed
Amendment filing costs $460 + attorney fees ($2,000-$5,000), takes 2-4 months
Table of Content
What Triggers H-1B Amendment
H-1B visa approves you for specific job at specific location for specific salary. Substantial changes require new petition called "amendment." USCIS considers change "material" if it wasn't contemplated in original petition.
Definite amendment triggers:
Job title change to different SOC (Standard Occupational Classification) code
Duties change by more than 50%
Work location moves to different Metropolitan Statistical Area
Salary drops below prevailing wage stated on LCA
Change from full-time to part-time or vice versa
Shift from employee to independent contractor status
No amendment needed:
Salary increase above LCA wage
Minor duty expansion within same role
Promotion with same core responsibilities
Work location change within same MSA
Title change within same occupational classification
Title Changes and SOC Codes
Each H-1B is approved for specific occupational classification using SOC code. "Software Engineer" might be SOC 15-1252. "Data Scientist" might be SOC 15-2051. If promotion changes your SOC code, amendment is required.
Same title with different level usually doesn't trigger amendment: "Software Engineer" to "Senior Software Engineer" typically same SOC code if duties remain similar. "Software Engineer" to "Engineering Manager" changes SOC code (engineer vs manager), requiring amendment.
Check your I-797 approval notice for SOC code. New role's SOC must match or amendment is required.
Geographic Transfers
MSA (Metropolitan Statistical Area) defines labor market region for H-1B purposes. Moving between MSAs requires new LCA and amendment. Moving within same MSA doesn't.
Examples:
San Francisco to San Jose: Same MSA (San Francisco-Oakland-Hayward), no amendment
San Francisco to Los Angeles: Different MSAs, amendment required
New York City (Manhattan) to New Jersey (across river): Often same MSA, verify
Seattle to Tacoma: Different MSAs, amendment required
Your employer must file new LCA for new MSA and petition amendment before you relocate. Starting work at new location before approval risks status violation.
Salary Changes
Salary Change | Amendment Required? | Notes |
|---|---|---|
Increase above LCA wage | No | Can start immediately |
Decrease but above LCA wage | Maybe | Consult attorney, may trigger material change |
Decrease below LCA wage | Yes | Cannot drop below prevailing wage |
Promotion with higher pay | Depends | If duties/title change materially, yes |
LCA (Labor Condition Application) states prevailing wage for your role and location. Salary must always meet or exceed this. Dropping below triggers amendment requirement.
Promotion Scenarios
Scenario 1: Software Engineer → Senior Software Engineer
Same SOC code (15-1252)
Same core duties (coding, design, debugging)
Salary increase $90K → $120K
Same location
Amendment needed? No. This is progression within same role.
Scenario 2: Software Engineer → Engineering Manager
Different SOC code (engineer → manager)
Duties shift from coding to people management
Location unchanged
Amendment needed? Yes. Different occupational classification.
Scenario 3: Consultant → Senior Consultant
Same SOC code
Same client-facing responsibilities
Travel to different client sites in different MSAs
Amendment needed? Maybe. If client sites are in different MSAs and you're working there long-term (vs short business trips), yes.
Amendment Process
Employer files amended H-1B petition (Form I-129) with $460 USCIS fee plus attorney fees ($2,000-$5,000 typically). Processing takes 2-4 months standard, 15 days with $2,805 premium processing. You can start new role once amendment is approved, not while pending (conservative approach), or some employers allow starting while pending if same employer and location change only.
Amendment timeline:
Week 1-2: Employer prepares petition, files new LCA
Week 2-3: Attorney reviews and files I-129
Weeks 3-10: USCIS processes (standard)
Or 15 days: Premium processing
Upon approval: Can officially start new role
Conservative employers require approval before role change. Aggressive ones allow starting while pending if same employer. Consult immigration attorney for your specific situation.
Consequences of Not Filing
Starting new role requiring amendment without filing risks accrual of unlawful presence, I-94 violation affecting future applications, employer penalties for non-compliance, and potential denial of future H-1B extensions or green card. Even if USCIS doesn't catch it immediately, it surfaces during green card process or visa renewal.
File amendments when required. Not worth the risk.
Remote Work Considerations
Remote work from home in different MSA than office requires amendment if you're there permanently (vs temporarily). Short-term remote work (few weeks) during travel typically fine. Permanent relocation to different MSA requires amendment even if same employer.
COVID created confusion about this. USCIS has clarified: permanent location changes require amendments. Verify your situation with attorney.
What Triggers H-1B Amendment
H-1B visa approves you for specific job at specific location for specific salary. Substantial changes require new petition called "amendment." USCIS considers change "material" if it wasn't contemplated in original petition.
Definite amendment triggers:
Job title change to different SOC (Standard Occupational Classification) code
Duties change by more than 50%
Work location moves to different Metropolitan Statistical Area
Salary drops below prevailing wage stated on LCA
Change from full-time to part-time or vice versa
Shift from employee to independent contractor status
No amendment needed:
Salary increase above LCA wage
Minor duty expansion within same role
Promotion with same core responsibilities
Work location change within same MSA
Title change within same occupational classification
Title Changes and SOC Codes
Each H-1B is approved for specific occupational classification using SOC code. "Software Engineer" might be SOC 15-1252. "Data Scientist" might be SOC 15-2051. If promotion changes your SOC code, amendment is required.
Same title with different level usually doesn't trigger amendment: "Software Engineer" to "Senior Software Engineer" typically same SOC code if duties remain similar. "Software Engineer" to "Engineering Manager" changes SOC code (engineer vs manager), requiring amendment.
Check your I-797 approval notice for SOC code. New role's SOC must match or amendment is required.
Geographic Transfers
MSA (Metropolitan Statistical Area) defines labor market region for H-1B purposes. Moving between MSAs requires new LCA and amendment. Moving within same MSA doesn't.
Examples:
San Francisco to San Jose: Same MSA (San Francisco-Oakland-Hayward), no amendment
San Francisco to Los Angeles: Different MSAs, amendment required
New York City (Manhattan) to New Jersey (across river): Often same MSA, verify
Seattle to Tacoma: Different MSAs, amendment required
Your employer must file new LCA for new MSA and petition amendment before you relocate. Starting work at new location before approval risks status violation.
Salary Changes
Salary Change | Amendment Required? | Notes |
|---|---|---|
Increase above LCA wage | No | Can start immediately |
Decrease but above LCA wage | Maybe | Consult attorney, may trigger material change |
Decrease below LCA wage | Yes | Cannot drop below prevailing wage |
Promotion with higher pay | Depends | If duties/title change materially, yes |
LCA (Labor Condition Application) states prevailing wage for your role and location. Salary must always meet or exceed this. Dropping below triggers amendment requirement.
Promotion Scenarios
Scenario 1: Software Engineer → Senior Software Engineer
Same SOC code (15-1252)
Same core duties (coding, design, debugging)
Salary increase $90K → $120K
Same location
Amendment needed? No. This is progression within same role.
Scenario 2: Software Engineer → Engineering Manager
Different SOC code (engineer → manager)
Duties shift from coding to people management
Location unchanged
Amendment needed? Yes. Different occupational classification.
Scenario 3: Consultant → Senior Consultant
Same SOC code
Same client-facing responsibilities
Travel to different client sites in different MSAs
Amendment needed? Maybe. If client sites are in different MSAs and you're working there long-term (vs short business trips), yes.
Amendment Process
Employer files amended H-1B petition (Form I-129) with $460 USCIS fee plus attorney fees ($2,000-$5,000 typically). Processing takes 2-4 months standard, 15 days with $2,805 premium processing. You can start new role once amendment is approved, not while pending (conservative approach), or some employers allow starting while pending if same employer and location change only.
Amendment timeline:
Week 1-2: Employer prepares petition, files new LCA
Week 2-3: Attorney reviews and files I-129
Weeks 3-10: USCIS processes (standard)
Or 15 days: Premium processing
Upon approval: Can officially start new role
Conservative employers require approval before role change. Aggressive ones allow starting while pending if same employer. Consult immigration attorney for your specific situation.
Consequences of Not Filing
Starting new role requiring amendment without filing risks accrual of unlawful presence, I-94 violation affecting future applications, employer penalties for non-compliance, and potential denial of future H-1B extensions or green card. Even if USCIS doesn't catch it immediately, it surfaces during green card process or visa renewal.
File amendments when required. Not worth the risk.
Remote Work Considerations
Remote work from home in different MSA than office requires amendment if you're there permanently (vs temporarily). Short-term remote work (few weeks) during travel typically fine. Permanent relocation to different MSA requires amendment even if same employer.
COVID created confusion about this. USCIS has clarified: permanent location changes require amendments. Verify your situation with attorney.
Frequently Asked Questions
Can I accept promotion while H-1B amendment pending?
Conservative approach: wait for approval. Some employers allow starting while pending if same employer and minor changes. Consult attorney.
How long does amendment take?
2-4 months standard processing. 15 days with premium processing ($2,805 additional).
Who pays for amendment?
Employer typically pays as it's business decision to promote/transfer you. Some make employees pay, which is questionable practice.
What if amendment is denied?
You must revert to old role as approved on H-1B or find new employer for H-1B transfer.
Do salary increases always require amendment?
No. Increases above approved LCA wage don't require amendment. It's decreases below LCA wage that trigger requirement.
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