H-1B Visa in the U.S.: Understanding the Difference Between Extension and Amendment to Avoid Deportation

New Delhi, December 26, 2025: For millions of Indian professionals working in the U.S. under the H-1B visa, understanding the nuances of visa extension and amendment is crucial to legally maintaining employment and avoiding deportation.

What is the H-1B Visa?

The H-1B visa allows U.S. companies to hire foreign workers for specialized roles. Every petition for a worker must detail the job role, location, salary, and employer, usually through the Labor Condition Application (LCA) and Form I-129 submitted to the U.S. Department of Labor and USCIS. Any changes to these conditions trigger the need for either a visa extension or amendment.

H-1B Visa Extension

An H-1B visa is initially granted for three years, extendable for another three years. Visa extension is required only when the original employment conditions remain the same, but the visa is nearing expiration. Key points:

• Job role and responsibilities remain unchanged.
• Work location specified in the LCA remains the same.
• Salary continues as per H-1B requirements.

In simple terms, an extension allows the worker to continue working under the same conditions. USCIS evaluates whether the original conditions have been maintained before approving the extension.

H-1B Visa Amendment

An H-1B amendment is needed when employment conditions change. Changes may include:

• A promotion or change in job duties.
• A new work location different from the one listed in the LCA.
• Changes in work hours or salary.
• Structural changes in the company affecting employment conditions.

Amendment ensures that USCIS is informed of any changes that may affect the legal validity of the visa.

Why Understanding the Difference Matters

USCIS treats extensions and amendments differently:

• Extension: Seeks approval to continue working under the same job conditions.
• Amendment: Requests approval to continue working after changes to job terms.

Failing to understand and comply with these requirements can jeopardize employment, and in some cases, may lead to deportation.

Common Confusions for Workers

Many H-1B visa holders view promotions, internal transfers, or temporary relocations as routine job changes. However, from an immigration perspective, even minor changes such as a promotion to manager or remote work from a different state can require an H-1B amendment. Companies sometimes assume an extension suffices or that no amendment is needed, but USCIS guidelines do not support this assumption.

For H-1B workers in the U.S., being well-informed about visa rules is essential to maintain legal status and job security.