Does Remote Work from Another City Require an LCA Amendment?

Remote work has become a normal part of life for many professionals, including those in the United States 🇺🇸 on H-1B visas. However, the rules for H-1B workers who want to work from a different city or state are strict, especially when it comes to the Labor Condition Application (LCA) and H-1B petition requirements. Employers and employees must follow these rules closely to avoid problems with visa status, wage compliance, and government audits. This guide explains who needs to file an LCA amendment, when an amended H-1B petition is required, and how the Metropolitan Statistical Area (MSA) affects these decisions. It also covers eligibility, documentation, the application process, and practical tips for staying compliant.

Who Needs to File an LCA Amendment or Amended H-1B Petition?

The need to file an LCA amendment or an amended H-1B petition depends on where the H-1B employee will be working. The most important factor is whether the new work location is inside or outside the original Metropolitan Statistical Area (MSA) listed in the approved petition and LCA.

Metropolitan Statistical Area (MSA):
An MSA is a geographic region defined by the U.S. government. It usually includes a main city and its surrounding towns and suburbs. The MSA is used to decide the area of intended employment for H-1B workers. If a new work location is outside the original MSA, new filings are usually required.

Who Qualifies for Remote Work Without an LCA Amendment?

1. H-1B Employees Working Remotely Within the Same MSA

• If the new remote work location is within the same MSA as the original worksite, the employer does not need to file an LCA amendment or an amended H-1B petition.
• The original LCA must cover the new location, and the employer must post the LCA at the new worksite, including home offices.
• The new location must be within a reasonable commuting distance from the original worksite.

Example:
Priya is an H-1B software engineer working in downtown Chicago. She wants to work from her home in a Chicago suburb, which is still within the Chicago MSA. Her employer does not need to file a new LCA or H-1B petition, but must post the original LCA at her home office.

2. H-1B Employees Working Remotely From a Home Office Listed in the Original LCA

• If the home office was already listed as a work location in the original LCA and H-1B petition, no amendment is needed, even if the home is outside the main office’s city.
• The employer must still post the LCA at the home office before work begins.

Who Needs an LCA Amendment and Amended H-1B Petition?

1. H-1B Employees Working Remotely Outside the Original MSA

• If the new remote work location is outside the original MSA or area of intended employment, the employer must:
  • File a new LCA for the new location.
  • File an amended H-1B petition with U.S. Citizenship and Immigration Services (USCIS) reflecting the new worksite.
• The new LCA must show the prevailing wage and working conditions for the new area.
• The employee can start working at the new location once the amended petition is filed (they do not have to wait for approval).

Example:
Ravi’s original worksite is in San Francisco, but he wants to move and work remotely from Austin, Texas. Austin is outside the San Francisco MSA. His employer must file a new LCA for Austin and submit an amended H-1B petition to USCIS before Ravi can start working from Austin.

2. H-1B Employees Whose Home Office Was Not Listed and Is Outside the Original MSA

• If the home office was not listed in the original LCA and is outside the original MSA, both an LCA amendment and an amended H-1B petition are required.

Short-Term Remote Work Exceptions

There are limited exceptions for short-term remote work outside the original MSA:

• H-1B employees can work remotely outside the original MSA for up to 30 days per year, or up to 60 days in special cases.
• The employee must keep a residence in the original job location area.
• After this period, if remote work continues, an LCA amendment and amended H-1B petition are required.

Example:
Maria’s main office is in New York City. She wants to spend three weeks working from her parents’ home in Miami. Since this is less than 30 days and she keeps her New York residence, her employer does not need to file an amendment. If she stays longer, amendments will be needed.

Detailed Eligibility Criteria

To qualify for remote work without an LCA amendment or amended H-1B petition:

• The new work location must be within the same MSA as the original worksite.
• The original LCA must cover the new location.
• The employer must post the LCA at the new worksite before work begins.
• The employee’s job duties, title, and wage must remain the same.

If any of these conditions are not met, an LCA amendment and amended H-1B petition are required.

For short-term remote work exceptions:

• The remote work must not exceed 30 days (or 60 days in special cases) per year.
• The employee must keep a home in the original area.
• The employer must keep records showing the short-term nature of the remote work.

Required Documentation

When an LCA amendment or amended H-1B petition is needed, the following documents are required:

1. New Labor Condition Application (LCA)
– The employer must file a new LCA with the U.S. Department of Labor (DOL) for the new work location.
– The LCA must list the new address and show the prevailing wage for that area.
– The LCA must be certified by DOL before the H-1B petition can be filed.
– The official LCA form is Form ETA-9035.

2. Amended H-1B Petition
– The employer must file an amended H-1B petition with USCIS.
– The petition must include the certified LCA for the new location and all supporting documents.
– The official H-1B petition form is Form I-129.

3. LCA Posting Notice
– The employer must post the LCA notice at the new worksite, including home offices, for at least 10 days before the employee starts working there.
– If posting before work is not possible (for example, due to COVID-19), the notice must be posted as soon as practical and no later than 30 days after work begins.

4. Proof of Wage Compliance
– The employer must show that the H-1B employee is paid at least the prevailing wage for the new location.
– Payroll records and wage statements should be kept as evidence.

5. Proof of Employee Residence (for short-term exceptions)
– For short-term remote work, the employer should keep records showing the employee’s main home is still in the original area.

Application Process Overview

Step 1: Determine If an Amendment Is Needed
– Check if the new remote work location is within the same MSA as the original worksite.
– If outside the MSA, or if the home office was not listed, an amendment is needed.

Step 2: File a New LCA
– The employer files a new LCA for the new work location using Form ETA-9035.
– The LCA must be certified by DOL before moving to the next step.

Step 3: Post the LCA Notice
– The employer posts the LCA notice at the new worksite or home office for at least 10 days.

Step 4: File an Amended H-1B Petition
– The employer files an amended H-1B petition with USCIS using Form I-129.
– The petition must include the certified LCA and all required documents.

Step 5: Employee May Begin Work at New Location
– The H-1B employee can start working at the new location as soon as the amended petition is filed with USCIS. There is no need to wait for approval.

Step 6: Maintain Records
– The employer must keep records of the LCA posting, wage payments, and all filings for future audits.

Practical Tips for Meeting Requirements

1. Track Employee Locations Carefully
– Employers should keep detailed records of where each H-1B employee is working, including dates and addresses.
– Use HR systems or spreadsheets to track remote work locations and durations.

2. Communicate Early and Often
– Employees should tell their employer as soon as they plan to work from a different city or state.
– Employers should review the MSA boundaries and decide if amendments are needed.

3. Post LCA Notices Promptly
– Always post the LCA notice at the new worksite or home office before work begins, if possible.
– For home offices, posting can be done electronically (such as by email or company intranet) if physical posting is not practical.

4. Pay the Correct Wage
– Check the prevailing wage for the new location using the DOL’s wage database.
– Adjust the employee’s pay if the new area has a higher prevailing wage.

5. Use Short-Term Exceptions Wisely
– Only use the short-term remote work exception for brief periods.
– Keep proof that the employee’s main home is still in the original area.

6. Consult Immigration Attorneys
– When in doubt, consult an immigration attorney who specializes in H-1B compliance.
– Attorneys can help with complex cases, such as hybrid work arrangements or moves to multiple locations.

7. Prepare for Audits
– USCIS and DOL have increased audits of H-1B remote work compliance.
– Keep all records organized and ready for inspection.

Common Concerns and Questions

What if I move to a new city for personal reasons and want to work remotely from there?
If the new city is outside the original MSA, your employer must file a new LCA and an amended H-1B petition. You can start working from the new city once the amended petition is filed.

Can I work from my home in a different state for a few weeks?
If it’s for less than 30 days (or up to 60 days in special cases) and you keep your main home in the original area, you may qualify for the short-term exception. If you plan to stay longer, amendments are required.

Does my employer need to pay me more if I move to a city with a higher cost of living?
Yes. The employer must pay at least the prevailing wage for the new location, which may be higher than your current wage.

What happens if my employer does not file the required amendments?
Failure to file an LCA amendment or amended H-1B petition when required can lead to serious problems, including:
– Loss of H-1B status for the employee
– Fines and penalties for the employer
– Ineligibility for future H-1B filings

How do I know if my new location is in the same MSA?
You can check the MSA boundaries using the U.S. Office of Management and Budget’s MSA list or ask your employer’s HR or legal team.

Case Studies

Case Study 1: Remote Work Within the Same MSA
Anjali works for a tech company in Los Angeles. She wants to work from her apartment in Santa Monica, which is part of the Los Angeles MSA. Her employer posts the original LCA at her apartment, and no amendment is needed.

Case Study 2: Move to a Different State
Vikram’s job is based in Seattle, but he wants to move to Denver. Denver is outside the Seattle MSA. His employer files a new LCA for Denver and submits an amended H-1B petition. Vikram starts working from Denver after the petition is filed.

Case Study 3: Short-Term Remote Work
Sara’s main office is in Boston. She spends two weeks working from her family’s home in Atlanta. Since this is less than 30 days and she keeps her Boston home, her employer does not need to file an amendment.

Wage and Tax Considerations

Prevailing Wage Requirements
– Employers must pay H-1B workers at least the prevailing wage for the area where the employee works.
– If the new location has a higher prevailing wage, the employer must increase the employee’s pay.

Tax Implications
– Working from a different state or city may create new tax obligations for both the employer and the employee.
– Employers should check state and local tax rules before allowing remote work from a new location.

Enforcement and Audits

Increased Scrutiny
– USCIS and DOL have increased audits to check if employers are following LCA and H-1B location rules.
– Employers must keep detailed records of all work locations, LCA postings, and wage payments.

Penalties for Non-Compliance
– Employers who do not follow the rules may face fines, back wage orders, and bans on future H-1B filings.
– Employees may lose their H-1B status and have to leave the United States 🇺🇸.

Official Resources

For more information and official guidance, visit the USCIS H-1B Specialty Occupations page.

The Department of Labor’s LCA guidance page also provides detailed instructions and forms.

As reported by VisaVerge.com, following these rules is more important than ever in 2025, as government audits and enforcement actions have increased. Employers and employees should stay informed about the latest requirements and consult official resources or legal experts when needed.

Summary Table of Requirements

Actionable Takeaways

• Always check if the new remote work location is within the same MSA as the original worksite.
• If moving outside the MSA, file a new LCA and amended H-1B petition before starting work at the new location.
• Post the LCA notice at the new worksite or home office before work begins.
• Pay the prevailing wage for the new location, and keep detailed records of all filings and postings.
• Use the short-term remote work exception only for brief periods, and keep proof of the employee’s main residence.
• Consult official government resources and legal experts for complex cases or when in doubt.

By following these steps, H-1B employers and employees can stay compliant with LCA amendment and H-1B petition requirements, avoid penalties, and continue to benefit from flexible remote work arrangements in the United States 🇺🇸.