H-1B Remote Work From Another State: LCA and I-129 Amendments

If you’re on an H‑1B and you want to work remotely from another state, you can’t treat it like a simple move. In many cases your employer must file a new LCA and then an amended Form I-129 H‑1B petition before you can legally work from the new long‑term location, especially if it’s outside the original metro area listed in your paperwork. Getting this wrong can put both your job and your status at risk.

This guide walks through the full process: how to decide if an LCA amendment is needed, what steps your employer must follow, how long each stage normally takes, and what you, as the H‑1B worker, should expect at each point.

According to analysis by VisaVerge.com, the key rule is simple: if you move outside the original Metropolitan Statistical Area (MSA) or “area of intended employment” on your LCA, the employer usually must file a new LCA and an amended Form I-129 with U.S. Citizenship and Immigration Services (USCIS).

USCIS explains the basic H‑1B amendment rules on its H‑1B Specialty Occupations page, and you can always check there for official background.

Step 1: Decide If a New LCA Is Required for the Remote Location

The first step is to determine whether your planned remote work location is inside or outside the original MSA or area of intended employment listed on the existing LCA.

Your employer (or their lawyer) should:

• Look at the address covered by your current LCA
• Compare it to the new remote address
• Confirm whether both locations are in the same MSA

When a New LCA Is Required

Your employer must file a new LCA with the U.S. Department of Labor (DOL) if:

• The remote worksite is outside the MSA or area of intended employment listed on your existing LCA, and
• The move is not just short‑term travel under the special short‑term placement rules

This new LCA must be certified before you start working long‑term from the new location.

When a New LCA Is Usually Not Needed

A new LCA normally is not required when:

• The new worksite is within the same MSA as the old one, or
• You’re working short‑term in another location under the DOL’s short‑term placement rules (discussed later)

If you stay within the same MSA, your employer must still post the existing LCA notice at the new worksite, but they usually don’t need to file a new LCA or an amendment to the H‑1B petition just for that location change.

Step 2: Employer Files and Posts the New LCA

If the analysis shows that the new remote location is outside the original area of intended employment, your employer must file a new LCA with DOL.

What the Employer Does

Your employer (or their attorney) will:

1. Prepare a new LCA listing:
   • Job title and SOC code
   • Prevailing wage for the new location
   • Offered wage (must meet or exceed the prevailing wage)
   • Worksite address in the new state or city
2. File the LCA electronically through DOL’s system

3. Wait for DOL to certify the LCA

4. Post required notices at the new worksite (or, if allowed, through electronic posting for remote teams)

How Long LCA Certification Takes

LCA processing is usually fast compared with USCIS processing. Employers often receive a certified LCA within a few business days, but they should allow 1–2 weeks in case of system issues or corrections.

You may not start long‑term remote work in that new area until the LCA is certified and the H‑1B amendment has at least been filed.

Step 3: Filing the Amended Form I‑129 With USCIS

Once the new LCA is certified, the employer must file an amended H‑1B petition with USCIS, using Form I-129.

You can see the official form and instructions on USCIS’s site here: Form I-129, Petition for a Nonimmigrant Worker.

What Goes Into the Amended Petition

The amended Form I-129 package should normally include:

• The new certified LCA for the remote work location
• Updated H Supplement pages showing the new worksite details
• An explanation letter describing the location change and confirming that:
  • Job duties remain the same or very similar
  • Pay meets or exceeds the prevailing wage for the new location
  • Other terms of employment are unchanged
• Filing fee checks and, if used, premium processing fee
• Employer support letter explaining why the amendment is filed

When You May Start Working at the New Location

You are allowed to begin work at the new remote site after the amended petition is filed, provided that:

• The new LCA is already certified, and
• The amendment is filed before you actually move and start work from the new area

You do not have to wait for USCIS approval to start working from the new location, but if USCIS later denies the amendment, your work from that site may be treated as unauthorized. Many people choose to wait for approval when possible, especially if the case is complex.

Expected Timeframes for the Amendment Process

While times change, the general pattern is:

• Check whether a new LCA is needed: 1–3 days (mostly internal review)
• File and receive the new LCA: often 3–10 business days
• Prepare the amended Form I-129 package: 1–3 weeks, depending on employer speed
• USCIS processing:
  • Regular processing can take several months
  • Premium processing (extra fee) gives a 15‑calendar‑day USCIS response time

During that period, after timely filing, you can keep working for the same employer while the amendment is pending.

Short‑Term Remote Work: Limited Exceptions

There is a narrow short‑term remote work exception for H‑1B workers. This can help if you need to work from another state for a brief period.

Under DOL rules, short‑term placements:

• May allow work outside the original MSA for up to 30 business days in a one‑year period
• In some cases can extend to 60 business days if certain conditions are met (for example, you keep a home in the original area and return often)

Even under these rules, your employer must:

• Keep paying the required wage
• Keep proper public access file records
• Follow any posting rules that apply

These short‑term rules are not meant for permanent or long‑term remote moves. If your remote work will last months or become your main worksite, your employer should treat it as a new work location and follow the new LCA and amendment steps.

When Job Changes Also Trigger an Amendment

Remote work changes often come with other shifts: new projects, new duties, or different pay. Your employer must watch these points closely.

A new LCA amendment and amended Form I-129 are very likely needed if:

• Your job duties change in a way that could move you to a different occupation category
• Your salary drops below the required wage for your level and location
• Your hours or job level change in a way that is “material” to USCIS

USCIS views these as material changes to the terms of H‑1B employment, which must be reported through an amended petition. Location is just one part of that bigger picture.

Posting and Public Access File Duties for Employers

For each new LCA, employers must:

• Post a notice of the LCA at the new worksite (physical posting or allowed electronic method) for the required number of days
• Keep a public access file with:
  • A copy of the certified LCA
  • Wage rate and explanation of how it was set
  • Summary of the benefits offered
  • Proof of LCA posting

These records matter because the Department of Labor can audit employers. If the company fails to post properly or to keep these records, it can face fines, back wage orders, and other penalties.

Risks of Skipping the LCA and H‑1B Amendment

Some employers are tempted to skip this process, especially if “everyone works remote now.” That choice can carry serious risk.

Possible results include:

• DOL violations for not having the right LCA or not posting notices
• USCIS problems if the worker’s actual job site doesn’t match the petition
• Threats to the worker’s H‑1B status, which can affect future extensions, transfers, and even green card cases

If an officer later finds that you worked for months from a state that was never listed and no new LCA or amendment was filed, they can treat that time as out of status.

Important: Working long‑term from a new state without the required LCA and filed amendment risks both employer penalties and the worker’s immigration status. When in doubt, get legal counsel and follow the filing steps.

Practical Tips for H‑1B Workers Planning a Remote Move

If you’re an H‑1B employee and plan to move to another state or far‑away city while working remote, you can help your company stay compliant by:

• Telling HR or your manager before you move, not after
• Asking whether your new address is inside the same MSA as your current worksite
• Confirming that your employer will file a new LCA if needed and an amended Form I-129
• Keeping copies of your pay stubs, LCA postings (if you can), and any emails about location changes
• Avoiding long‑term work from a new location until you know the LCA and amendment steps have been taken

Clear, early communication makes it much easier for your company to do things correctly and for you to protect your status.

How Employers Can Plan the Journey Smoothly

For employers, the safest practice when an H‑1B worker wants to go remote from another state is to:

1. Collect details: exact remote address, planned start date, expected length of remote arrangement
2. Check MSA boundaries: confirm whether the new location is inside or outside the existing area of intended employment
3. If outside:
   • File a new LCA as early as possible
   • Wait for certification
   • Prepare and file an amended Form I-129 with USCIS
4. Tell the employee:
   • When it’s safe to start working from the new site
   • What happens if USCIS asks for more evidence or issues a delay

By treating a remote move as a formal location change that affects both the LCA and the H‑1B petition, employers and workers can keep the flexibility of remote work while staying firmly inside the rules.