H-1B Amendment Fee for Location Change: Who Pays and When to File

The H-1B amendment fee for a location change typically totals $2,000 to $5,000 out of pocket, combining the Form I-129 filing fee, the Asylum Program Fee introduced in 2024, and attorney charges. The employer pays all of it. Premium processing, if you need the case decided quickly, adds $2,965. The exact figure turns on your company’s headcount, whether you request premium processing, and how complex the underlying case is.

When the Amendment Is Actually Required

You only owe these fees when the move triggers a filing. The test is whether the new worksite falls outside the metropolitan statistical area (MSA), or “area of intended employment,” listed on the employee’s current Labor Condition Application. If it does, you need a new LCA certified by the Department of Labor and an amended H-1B petition filed with USCIS before the employee starts working at the new location.¹

The amended petition must reflect the new worksite address, any changes to job duties or salary, and must be accompanied by the newly certified LCA for the destination area.

Moves That Don’t Trigger a Fee

Employers sometimes file amendments they don’t need, spending thousands of dollars and weeks of processing time for no reason. Three situations don’t require a filing.

Moves Within the Same MSA

A new office in the same metropolitan area as the current one stays within the existing LCA’s coverage. No new LCA, no amended petition. You do still need to post the original LCA at the new worksite for 10 business days.²

Short-Term Placements

Federal regulations let you send an H-1B worker to a location outside the approved LCA area for up to 30 workdays in a one-year period without filing a new LCA. That extends to 60 workdays if the worker keeps a workstation at the permanent site, spends substantial time there, and continues to live in that area. During short-term placements, the employer must still pay prevailing wages plus actual lodging, travel, and meal costs.³

Remote Work Within the Same Area

A home office counts as a worksite. If the home sits within the same MSA as the approved location, no amendment is needed. If the employee moves their residence to a different MSA and works remotely from there, the full amendment requirement applies just as it would for a traditional office relocation.

Government Filing Fees

USCIS overhauled its fee structure in April 2024, and several costs went up substantially. Two fees apply to a straightforward location-change amendment.

Base Filing Fee (Form I-129)

Every H-1B amendment requires the Form I-129 filing fee, set by the USCIS fee schedule and increased under the 2024 fee rule. Confirm the current amount on the USCIS fee schedule page before mailing, because the number is periodically adjusted.⁴

Asylum Program Fee

The 2024 fee rule introduced an Asylum Program Fee that applies to all Form I-129 petitions, including amendments. The amount depends on employer size:⁴

More than 25 full-time equivalent employees: $600
25 or fewer full-time equivalent employees: $300
Nonprofit organizations: $0

This one catches employers off guard because it didn’t exist before 2024. It applies regardless of the petition type.

Fees You Probably Don’t Owe

Two fees that employers associate with H-1B filings generally don’t apply to a worksite-change amendment. The Fraud Prevention and Detection Fee of $500 is required only for initial H-1B petitions and petitions to change employers. The ACWIA Training Fee of $750 or $1,500 is not required when the amendment doesn’t also request an extension of the H-1B validity period; bundling a worksite change with an extension brings the ACWIA fee back in.⁴

Getting these distinctions right matters. Overpaying doesn’t help your case, and underpaying gets the petition rejected.

Premium Processing

Standard amendment processing can take several months. If the relocation is time-sensitive, filing Form I-907 alongside the amended petition puts you on the premium track, where USCIS guarantees action within 15 business days of receiving a properly completed request.⁵

The premium processing fee for Form I-129 is $2,965.⁶ Two things to know. “Action” means USCIS will approve, deny, or issue a request for evidence within the timeframe. It does not guarantee approval. And the 15-day clock runs in business days, so expect roughly three weeks in practice.

Attorney Fees

Most employers use immigration counsel for H-1B amendments, and the filing is technical enough that handling it in-house without immigration experience invites avoidable requests for evidence. Attorney fees for a location-change amendment generally run $1,000 to $3,000, depending on complexity and the attorney’s market. Cases involving multiple worksites, changes to job duties alongside the move, or tight timelines tend to land at the higher end.

The Employer Pays, Not the Worker

Federal rules are unambiguous: the employer pays all petition-related costs. An H-1B worker cannot be required to pay expenses directly related to the Form I-129 filing, including government fees, the premium processing fee, and attorney charges tied to preparing and filing the petition.⁷

The prohibition applies whether the employer tries to collect through payroll deduction, a direct payment request, or a reimbursement agreement. Attorney fees follow the same rule: you cannot deduct them from the worker’s pay if doing so would reduce wages below the required prevailing wage rate.⁷ Keep clear records of who paid what; the Department of Labor can audit them, and problems here draw attention to the rest of your H-1B compliance.

File Before the Employee Starts

Timing is where employers most often stumble. For any worksite change occurring after August 19, 2015, the employer must file the amended petition before the employee begins working at the new location.¹

Once the amended petition is properly filed with USCIS, the employee can immediately begin working at the new worksite. You do not have to wait for approval. This portability provision, rooted in Section 214(n) of the Immigration and Nationality Act, keeps relocations moving while USCIS processes the paperwork.¹

The sequence: certify the new LCA, file the amended I-129 with USCIS, then relocate the worker. Starting the employee at the new site before the petition is in the mail is a compliance violation.

Cost of Skipping the Amendment

Failing to file an amendment when required, keeping inaccurate records, or misrepresenting information on an LCA can trigger civil penalties. The Department of Labor’s framework sets three tiers based on severity:⁸

General violations (strike/lockout rules, notification failures, LCA misrepresentations, impeding public access to records): up to $2,364 per violation
Willful violations (intentional failures on wages, working conditions, notification, or discrimination against an employee): up to $9,624 per violation
Displacement violations (willfully displacing a U.S. worker within 90 days before or after filing an H-1B petition): up to $67,367 per violation

Beyond fines, the Department of Labor can disqualify an employer from having any H-1B or immigrant petitions approved for at least one year for general violations, at least two years for willful violations, and at least three years for displacement violations.⁸ Debarment shuts down your entire H-1B program, not just the petition at issue, which is why saving a $600 Asylum Program Fee by skipping the amendment is never actually saving money.

Fees Are Non-Refundable

USCIS fees are generally non-refundable.⁹ Submit the wrong amount and USCIS will reject the entire petition rather than process it and refund the difference. A rejected filing means starting over, re-mailing the package, and losing whatever processing time had elapsed.

USCIS may issue refunds in narrow circumstances, such as when the agency itself made a processing error or collected a fee it should not have. Those situations are rare and involve a formal written request with supporting documentation. Triple-check your fee calculations against the USCIS fee schedule and the H and L Filing Fees guide before the package leaves your office.

1
U.S. Citizenship and Immigration Services. USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC
2
U.S. Citizenship and Immigration Services. USCIS Draft Guidance on When to File an Amended H-1B Petition After the Simeio Solutions Decision
3
eCFR. 20 CFR 655.735 – What Are the Special Provisions for Short-Term Placements
4
U.S. Citizenship and Immigration Services. H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker
5
U.S. Citizenship and Immigration Services. How Do I Request Premium Processing
6
U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees
7
U.S. Department of Labor. Fact Sheet 62H – What Are the Rules Concerning Deductions From an H-1B Workers Pay
8
eCFR. 20 CFR 655.810 – What Remedies May Be Ordered if Violations Are Found
9
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1 Part B Chapter 3 – Fees