Immigration

Srinivasa Reddy Kandi: What is an H-1B Amendment Petition and when is it required?

February, 13, 2025-04:53

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What is an H-1B Amendment Petition and when is it required?

An H-1B Amendment Petition is a request submitted by employers who hold H-1B visas to implement significant modifications to an already submitted or approved H-1B petition. This petition enables employers to revise essential details such as the beneficiary's salary, job responsibilities, work location, and other pertinent information. By filing an amendment petition, employers can efficiently update an existing H-1B petition, thereby saving both time and resources.

In which scenarios is an H-1B Amendment Petition necessary?

Legally, an employer is required to submit an H-1B Amendment Petition in the following circumstances:

1. When there are substantial alterations to the employee's job description.
2. When the work location changes.
3. When there is a modification in the employee's work hours.
4. When there is a significant adjustment to the employee's salary.
5. When the employee begins working for an additional client or ceases to work with a current client.

It is important to note that any of these changes will also necessitate the submission of an additional Labor Certification Application (LCA). Consulting with a qualified attorney before implementing any employment changes is essential, as these modifications can affect the employee's H-1B status.

What are the fees for an H-1B Amendment?

The costs associated with an H-1B Amendment mirror those of a new H-1B petition. This includes a base filing fee of $1,500, along with an extra $750 fee applicable if the employer has fewer than 25 full-time employees. The $500 fraud prevention fee is waived if there is no change in the employer. It is advisable to consult the USCIS website for the latest information on filing fees, as they may vary over time.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.