Do I Need to File an H1B Amendment for Client Change? A Complete Guide
If you’re an H-1B employee working through a consulting firm or an HR rep trying to keep your company compliant, this is a question I hear all the time:
“Do I need to file an H1B amendment for a client change?”
Here’s what you need to know. In many cases, the answer is yes, especially when that client change involves a new location or altered job duties.
As an immigration attorney who regularly handles H-1B petitions for tech consultants and staffing companies, I want to walk you through exactly when an H1B amendment client change triggers a filing requirement, when it might not, and what the risks are if you don’t get it right.
When does a client change require an H1B amendment?
If you work for a consulting company, and you’re moving from one end-client to another, the key question is whether that change amounts to a material change in the terms and conditions of your H-1B employment.
In many cases, a client change in H1B visa employment does require an amendment. Here's why:
USCIS generally treats a change in end-client as a material change if:
The new client is at a different worksite location (especially outside the same Metropolitan Statistical Area, or MSA),
The job duties are different, or
The new client relationship wasn’t included in your prior H-1B petition.
So yes, a H1B consulting client switch often falls under these guidelines. Even if you’re doing similar work, the change in location or client engagement is often enough to require an updated petition.
Key takeaway: A new client + new location = you likely need to file an H1B amendment.
What constitutes a "material change" that requires an H1B amendment petition?
Let’s clarify what USCIS means by a “material change.” This is one of the most common reasons amendments are required and it’s not always obvious.
USCIS issued guidance after the Matter of Simeio Solutions case confirming that certain changes to the terms of H-1B employment require an amended petition. Understanding these material change requirements is crucial for compliance.
Common examples of a material change H1B petition might include:
Job location change outside the MSA listed on the original LCA
Significant change in job duties, especially if it shifts the job classification (SOC code)
Switching to a new end-client—particularly if that client wasn't listed on the original petition or represents a new project or scope of work
The Department of Labor's guidance provides additional clarification on when amendments are necessary for consulting arrangements.
Key takeaway: If your new work assignment looks different from what USCIS originally approved, you likely need to file an amendment.
Is an H1B amendment required if the new client is within the same MSA (Metropolitan Statistical Area)?
This is a very common point of confusion. If your new client is located within the same MSA as your previously approved location, and your job duties remain unchanged, then typically you do not need to file an H1B amendment.
However, this does not mean you can skip compliance steps. You still need to:
Post the original LCA at the new worksite
Update the Public Access File (PAF) to reflect the change in work location
And if you're unsure whether the new site is technically in the same MSA? Double-check with your attorney. These geographic boundaries aren’t always intuitive.
Key takeaway: Even if you don’t need an amendment, you still need to post the LCA and document the move properly to meet H1B amendment requirements.
Understanding the 50-Mile Rule for H1B client changes
Now let’s talk about a common myth: the “50-mile rule.” Many consulting firms use this as a rough guideline but here’s what it really means.
There is no official 50-mile rule published by USCIS. However, in practice, moves over 50 miles can raise flags during petition reviews or site visits. Here’s when distance matters:
If the new client site is more than 50 miles away from the previous location
If the commute or labor market area is significantly different
If the new location requires a different LCA not already certified
In such cases, it’s safer to file an H1B amendment, especially when it’s part of a broader H1B consulting client switch or project reassignment.
Key takeaway: If you're moving more than 50 miles and changing clients, file the amendment, it's not worth the risk.
Serious Risks of Not Filing Required H1B Amendments
The consequences of skipping a required amendment can be severe for both employees and employers. If USCIS later determines an H1B amendment client change should have been filed, here's what could happen:
Employee Consequences:
Found out of status
Original H1B petition revoked
Future filings (extensions, green cards) jeopardized
Employer Consequences:
Audits and investigations
Significant fines
Potential debarment from H1B program
Key takeaway: When an amendment is required and not filed, both employer and employee face serious noncompliance risks.
Real-World Case Study: Successful H1B Client Change Management
Let me share a quick story. One of my consulting clients had an H-1B employee working for Client A in Virginia. The employee was reassigned to Client B in Maryland, just 20 miles away.
Because the new location was within the same MSA, we did not file an amendment. But we posted the original LCA at the new site and documented everything, including maps, client letters, and project details.
A year later, USCIS issued an RFE during the H-1B extension asking why no amendment had been filed. We responded with all the evidence, and the case was approved.
That documentation can protect you in the event of an RFE or audit.
Quick Decision Framework: Do You Need an H1B Amendment?
Use this checklist to evaluate your situation:
Ask yourself:
Is the new client at a different location outside the current MSA?
Are your job duties changing significantly?
Will a new LCA be needed for the new site?
Is this a permanent or long-term assignment with a different client?
If you answered "yes" to any of these questions, you likely need to file an H1B amendment for client change.
Every H-1B scenario is unique and with recent scrutiny around material change H1B petition filings and compliance, it’s critical to get the details right.
If you're navigating an H1B consulting client switch or unsure about H1B amendment requirements, don’t make assumptions.
Schedule a consultation and I’ll walk you through what’s required based on your specific facts. Whether you’re managing multiple consultants or trying to stay compliant in a fast-changing project environment, I’ll help you stay on solid legal ground.
Let’s keep your petition strong and your status secure.