Many employers and employees treat the H-1B approval notice as the end of the process and overlook the compliance obligations that follow. In reality, approval is just the beginning. Those responsibilities continue well beyond the start date, covering everything from payroll and recordkeeping to job changes and travel abroad.
Here is what employers and employees should keep in mind once a petition is approved.
For Employers
1. Start date of employment
The Approval Notice shows the start and end dates of the H-1B validity period. The employee may not begin working in H-1B status before the start date. There are no exceptions to this rule. It is recommended that employees start work on the start date shown on the Approval Notice, and the hire date in the HR and payroll records should match it.
If the employee is changing status from F-1 (including OPT), he or she may work only within the limits of existing employment authorization until the H-1B takes effect. An employee coming from abroad may generally enter the United States up to 10 days before the start date but cannot begin work until that date.
2. Pay at least the LCA wage
The wages shown on the employee’s pay stubs and Form W-2 must be at least the wage certified on the LCA.
It is important to note the following:
First, the LCA wage sets a minimum, not an exact amount.
Second, the payment obligation is continuous once wages begin. If the employee is on the payroll but temporarily has no work assigned, such as during a slow season or between projects, the employer must keep paying the LCA wage as long as the downtime is attributable to the employer.
Pay stubs and W-2s are routinely requested in extensions, amended petitions, visa interviews, and green card applications. Getting these records right from the start, consistent with both the Approval Notice and the LCA, can prevent issues in the future.
3. Amendment Petition after Material Changes
An H-1B approval covers a specific position: its title, duties, work location, and wage. If any of these changes materially, the employer may need to file an amended petition with USCIS before the change takes effect.
Work location is where employers most often slip up. Moving the employee to a worksite outside the area of intended employment covered by the original LCA generally requires a new LCA and an amended petition. Common examples include transferring the employee to a branch office, store, or clinic in another city, or the employee work remotely after relocating.
Not every change triggers an amendment. A raise on its own, or a new job title with essentially the same duties, usually does not. Whether and H-1B amendment is required depends on the specific facts, and therefore it is advised that employers check with the immigration attorney before making any change.
4. Maintain a Public Access File for each LCA
For each LCA, the employer is required to post notice of the LCA in two conspicuous locations at the worksite for 10 business days, or notify employees electronically. The employer is also required to keep a Public Access File (PAF) and make it available for public inspection.
The PAF is often requested in a DOL investigation or a site visit by USCIS’s Fraud Detection and National Security Directorate (FDNS).
5. Preparation for a site visit
USCIS officers may show up at the worksite unannounced, or reach out by phone or email. They typically want to confirm that the business is real and operating, that the employee works at the location listed in the petition, and that the employee’s actual duties and pay match the petition.
If the employer refuses or fails to cooperate and USCIS cannot verify the information, the petition may be denied and an existing approval may be revoked.
6. Complete Form I-9
The employer is required to complete Form I-9 within three business days of the H-1B employee’s first day of work.
7. Follow the rules if employment ends early
If the employer terminates the employee before the H-1B expires, it shall notify USCIS and withdraw the petition, and it shall offer to pay the reasonable cost of the employee’s return transportation abroad. Skipping these steps can lead DOL to conclude that there was no bona fide termination, leaving the employer on the hook for continued wages.
If the employee resigns, the employer shall likewise notify USCIS promptly and withdraw the petition.
For Employees
1. Check your Approval Notice and I-94
Once receiving the Approval Notice, check that your name, date of birth, validity dates, and employer information are all correct. If you changed status within the United States, the new I-94 record will be attached at the bottom of the notice.
Keep in mind that your I-94, not your visa, determines how long you may lawfully stay. It is recommended that, after each entry into the United States, download your latest I-94 from the U.S. Customs and Border Protection (CBP) website and confirm your class of admission and admit-until date. If your I-94 expires before your H-1B approval does, which often happens when a passport is close to expiring, contact your attorney right away.
2. Keep an eye on your pay stubs and keep good records
Check your pay stubs regularly to make sure you are being paid at least the LCA wage.
Keep copies of all pay stubs, W-2s, tax returns, and approval notices. They are usually required for H-1B extensions, job changes, visa applications, and a future green card case.
3. Update your address within 10 days of moving
Nonimmigrants who move within the United States must report their new address within 10 days, either online through USCIS or on Form AR-11. If you have any applications or petitions pending with USCIS, update the address on those as well.
4. Plan ahead before traveling abroad
If your H-1B was approved as a change of status inside the United States, remember that an Approval Notice is not a visa. To travel abroad and return in H-1B status, you will generally need to apply for an H-1B visa at a U.S. embassy or consulate.
Before booking travel, check visa appointment wait times at the consulate where you plan to apply and leave plenty of time. If you have an extension, amendment, or change-of-employer petition pending, talk to the immigration attorney before you leave so your trip does not jeopardize it.
5. 60-day grace period
If your H-1B employment ends, whether you resign or are laid off, you generally have a grace period of up to 60 days (but not beyond your I-94 expiration date). During that time, you may find a new employer to file an H-1B petition for you, change to another status, or leave the United States.
If a new employer agrees to sponsor your H-1B, you can generally start working for that employer as soon as it files a change-of-employer petition with USCIS, without waiting for approval. This is known as H-1B portability. Whether it applies to you depends on your specific circumstances.
If you have questions about an H-1B petition or post-approval compliance, we are here to help.
Disclaimer: This article is for general informational purposes only. It reflects laws and policies as of October 2026 and is not legal advice for any specific case. Immigration law and policy change frequently, so please consult an immigration attorney about your situation.
To schedule a consultation, contact Ambrose Immigration Law, LLC at ja@ambroselegal.com or call (617) 800-0155.