H-1B Remote Work LCA Amendment: The Employer's Process

By Sumit Patel · Last updated October 15, 2026

An H-1B remote work LCA amendment is needed when a worker will regularly work from a place outside the area of intended employment on their LCA. The employer gets a certified LCA for the new area, then files an amended I-129 before the worker starts there. Inside the same area, a notice posting is enough.

This page is for employers and HR teams. Workers who want the quick answer for their own situation should start with the H-1B remote work rules.

When does remote work require an amended H-1B petition?

When the new place of employment is in a geographic area that needs its own LCA. The regulation says such a change "is considered a material change and requires an amended or new petition to be filed with USCIS before the H-1B worker may begin work at the new place of employment" (8 CFR 214.2(h)(2)(i)(E)). The rule grew out of Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), and USCIS's follow-up memo (PM-602-0120).

No amended petition is needed, if nothing else about the job changes, when:

• The worker moves within the same area of intended employment listed on the LCA.
• The worker is on a short-term placement: 30 days or less in a one-year period, or 60 days or less if the worker keeps a workstation and home at the permanent worksite.
• The worker goes to a non-worksite: training or a conference, or short visits for a job that is primarily at one location (up to 10 consecutive workdays per visit, 5 for a peripatetic job).

What are the steps, in order?

Eight steps, and the order matters: the LCA must be certified before the petition is filed, and the petition must be filed before the worker starts in the new area.

1. 1

   Confirm the new worksite is outside the current area

   Compare the counties of the LCA worksite and the new home. Same area of intended employment: no new LCA or amendment, only notice (step 4). Different area: continue.

2. 2

   Set the wage for the new area

   Find the prevailing wage for the worker's SOC code and wage level in the new area. The required wage is the higher of that and your actual wage for similar workers (20 CFR 655.731).

3. 3

   Give notice of the LCA filing

   Notice must go out on or within 30 days before the LCA is filed, and stay available for 10 days. For a home office, an individual email to the worker counts and only has to be sent once (20 CFR 655.734(a)(1)).

4. 4

   File the LCA (Form ETA-9035E) and open the public access file

   The public access file must be ready within one working day after the LCA is filed (20 CFR 655.760(a)).

5. 5

   Give the worker a copy of the certified LCA

   No later than the day the worker reports to work at the new place (20 CFR 655.734(a)(3)).

6. 6

   File the amended I-129 before the move

   The amended or new petition, with the certified LCA, "must be properly filed before the material change(s) takes place" (8 CFR 214.2(h)(2)(i)(E)).

7. 7

   Start work at the new place once the worker may

   A portability-eligible worker may start when the petition is filed; USCIS's 2015 memo says the employer "does not have to wait for a final decision" (PM-602-0120). Keep the receipt notice.

8. 8

   Keep the records

   Public access file records for one year after the last H-1B worker is employed under the LCA, and payroll records for three years (20 CFR 655.760(c)).

How does LCA notice posting work for a home office?

The same way as for any worksite, and electronic notice usually makes it simple. The rule allows either (20 CFR 655.734):

• Hard copy: posted in at least two conspicuous places at the worksite, for 10 days in total.
• Electronic: available to affected employees for 10 days through the channels you normally use for job notices, or an individual email to each affected employee, which only has to be sent once.

Timing depends on the case. For a new LCA, notice goes out on or within 30 days before filing. For a new worksite inside an area the existing LCA already covers, notice must be posted on or before the day the worker starts there. The notice is not optional for a home office: USCIS's memo says the employer "must still post the original LCA in the new work location", whether one employee moved or a whole office did.

What wage must the employer pay in the new area?

The required wage in the new area: the higher of the prevailing wage there and the employer's actual wage for similar workers. Prevailing wages vary a lot by area. Among certified FY2025 LCAs for Level II software developers, the median prevailing wage was $172,900 in San Jose and $105,200 in Atlanta.

A move to a higher-wage area can raise the floor: in this data, Austin to Seattle adds $28,500 at the median. A move to a lower-wage area lowers the floor but does not oblige the employer to cut pay.

Two related wage rules apply. During a short-term placement, the worker keeps the wage required at the permanent worksite and gets lodging, travel, meals and incidentals (20 CFR 655.735(b)). If the worker is idle because of the employer's decision, for example a lack of assigned work, the employer must keep paying the full required wage (20 CFR 655.731(c)(7)).

How does short-term placement work for employers?

It lets you place a worker in an area without an LCA for a limited time, to give you room to file one (20 CFR 655.735). Use it as a bridge, not a plan:

• The limit is 30 workdays per worker per area in your chosen year (calendar or fiscal), or 60 if the worker keeps a workstation, spends substantial time and lives at the permanent worksite.
• Any day with any work in the area counts as a workday.
• When the limit is reached, file an LCA for the area or end the placement. Going over is an LCA violation, and you lose the short-term option for that occupation in that area.
• It is not available where you already have a certified LCA for the occupation, for a worker's first placement, or for rotations designed to avoid filing.
• Short-term placement covers the LCA side only. A permanent move to the area still needs an amended petition.

How many H-1B LCAs are filed for amended petitions?

About one in six recently. In FY2025, 17.1% of certified H-1B LCAs with the field filled in were for amended petitions (86,280 LCAs). That includes every material change, not only worksite moves.

What if the amended petition is pending or denied?

USCIS's 2015 memo covers both cases (PM-602-0120):

• Pending: you may file another amended or new petition so the worker can move again on the latest filing. Each one must qualify on its own.
• Denied: if the original petition is still valid, the worker may go back to the place of employment it covers, as long as status can be kept there.
• Travel while pending: USCIS points to its guidance on admission for workers claiming portability. Plan international trips with counsel.

How does a remote move affect a green card case?

PERM labor certification is also tied to an area of intended employment, so a permanent move can affect a pending or approved case. Before approving a move for a worker in the green card process, have counsel review the PERM and I-140 along with the H-1B amendment.

What records must the employer keep?

The public access file, available at your principal place of business or the worksite (20 CFR 655.760). For each LCA it holds the certified LCA, the wage documentation and proof of notice: the dates and places it was posted and a copy of the notice.

Keep these records for one year after the last H-1B worker is employed under the LCA, or one year after the LCA expired or was withdrawn if nobody was employed under it. Payroll records are kept for three years.

Frequently asked questions