H-1B Amendment/Extension Support Letter

H-1B AMENDMENT / EXTENSION EMPLOYER SUPPORT LETTER

WITH COMPREHENSIVE EVIDENCE CHECKLIST AND FILING GUIDE

DOCUMENT PURPOSE AND INSTRUCTIONS

This template provides a comprehensive employer support letter for use with an H-1B petition requesting an amendment of previously approved terms and conditions, an extension of stay, or both. The support letter accompanies Form I-129, Petition for a Nonimmigrant Worker, and the H-1B Data Collection and Filing Fee Exemption Supplement.

Instructions:

1. Replace all bracketed placeholders with actual case-specific information.
2. Ensure consistency across the support letter, Form I-129, certified LCA, and all supporting documents.
3. Delete all instructional comments and inapplicable sections before finalizing.
4. Have this document reviewed by qualified immigration counsel before filing.

PART I — FILING OVERVIEW AND CASE SUMMARY

Petition Type: ☐ Amendment Only ☐ Extension Only ☐ Amendment and Extension

Petitioner (Employer) Information:

Beneficiary Information:

Position Information:

PART II — REASON FOR AMENDMENT AND/OR EXTENSION

A. Amendment Triggers (Select All That Apply)

Per 8 C.F.R. § 214.2(h)(2)(i)(E), 8 C.F.R. § 214.2(h)(11)(i)(A), and Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), an amended petition is required when there is a material change in the terms and conditions of employment. Check all applicable triggers:

☐ Change in worksite location outside the previously approved Metropolitan Statistical Area (MSA) or area of intended employment, requiring a new LCA
☐ Significant change in job duties or occupational classification
☐ Change in employer name (due to merger, acquisition, or corporate restructuring)
☐ Change in wage or salary (increase or decrease affecting wage level)
☐ Change from full-time to part-time employment or vice versa
☐ Change in end client, staffing arrangement, or third-party worksite placement
☐ Corporate restructuring affecting the employer-employee relationship
☐ Other material change: [________________________________]

B. Extension Basis

☐ Continuation of previously approved employment in the same terms and conditions
☐ Extension of stay pursuant to INA § 214(g)(4) — H-1B status beyond the 6-year limit based on pending PERM or I-140 (AC21 §§ 104(c)/106(a))
☐ Recapture of time spent outside the United States during the H-1B validity period

Narrative Explanation of Reason for Filing:

[________________________________]
[Provide a concise explanation of why this amendment and/or extension is being filed, referencing the specific changes or continuation of employment.]

PART III — EMPLOYER SUPPORT LETTER

[DATE: [__/__/____]]

[DELIVERY METHOD: ☐ USCIS Lockbox ☐ USCIS Service Center ☐ Premium Processing]

U.S. Citizenship and Immigration Services
[________________________________]
[Insert appropriate USCIS Service Center or Lockbox address]

RE: H-1B [Amendment/Extension/Amendment and Extension] Petition
Petitioner: [________________________________]
Beneficiary: [________________________________]
Receipt Number of Prior Approval: [________________________________]
Classification Sought: H-1B Specialty Occupation Worker
Requested Validity: [__/__/____] through [__/__/____]

Dear USCIS Officer:

I. Introduction

On behalf of [EMPLOYER NAME] ("Petitioner" or the "Company"), we respectfully submit this petition requesting [an amendment to/an extension of/an amendment and extension of] the H-1B classification previously granted to [BENEFICIARY NAME] ("Beneficiary") to serve in the position of [JOB TITLE] at our [LOCATION] office. The Company seeks a validity period from [START DATE] through [END DATE].

[If represented by counsel: The undersigned attorney represents [EMPLOYER NAME] in this matter pursuant to the enclosed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.]

II. Company Background

[EMPLOYER NAME] is a [TYPE OF ENTITY — e.g., corporation, LLC] organized under the laws of the State of [STATE] on [DATE OF INCORPORATION/FORMATION]. The Company is engaged in [BRIEF DESCRIPTION OF BUSINESS]. The Company's Federal Employer Identification Number is [FEIN].

The Company currently employs approximately [NUMBER] employees in the United States. For the fiscal year ending [DATE], the Company reported gross annual revenue of approximately $[AMOUNT] and net annual income of approximately $[AMOUNT].

[Include 1-2 paragraphs describing the company's business operations, market position, key products/services, number of offices, and any relevant industry standing. This establishes the employer's legitimacy and ability to pay the proffered wage.]

III. Position Description and Specialty Occupation Analysis

The Beneficiary serves as [JOB TITLE] within the Company's [DEPARTMENT] department, reporting directly to [SUPERVISOR NAME AND TITLE]. This is a [full-time/part-time] position requiring [NUMBER] hours per week.

Detailed Job Duties and Time Allocation:

Minimum Requirements for the Position:

• Education: [________________________________] (e.g., Bachelor's degree or higher in [SPECIFIC FIELD])
• Experience: [________________________________]
• Specialized Skills: [________________________________]
• Licenses/Certifications: [________________________________]

Specialty Occupation Analysis Under INA § 214(i)(1) and 8 C.F.R. § 214.2(h)(4)(ii):

The position qualifies as a specialty occupation because it meets one or more of the following criteria:

☐ Criterion 1: A baccalaureate or higher degree or its equivalent in a specific specialty is normally the minimum requirement for entry into the particular position. [Explain: ________________________________]

☐ Criterion 2: The degree requirement is common to the industry in parallel positions among similar organizations, or, in the alternative, the position is so complex or unique that it can only be performed by an individual with a degree in a specific specialty. [Explain: ________________________________]

☐ Criterion 3: The employer normally requires a degree or its equivalent for the position. [Explain, referencing prior hiring history: ________________________________]

☐ Criterion 4: The nature of the specific duties is so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree in a specific specialty. [Explain: ________________________________]

IV. Beneficiary Qualifications

[BENEFICIARY NAME] is eminently qualified for this position based on the following credentials:

Education:

Credential Evaluation (if applicable):
[If the beneficiary holds a foreign degree, describe the credential evaluation determining U.S. equivalency. Reference the enclosed evaluation from [EVALUATION SERVICE NAME], which concludes that the beneficiary's [FOREIGN DEGREE] is equivalent to a [U.S. DEGREE] in [FIELD].]

Relevant Experience:
[Describe the beneficiary's prior work experience relevant to the position, including employer names, titles, dates, and key responsibilities.]

Licenses and Certifications:
[List any professional licenses or certifications held by the beneficiary.]

V. Explanation of Amendment (If Applicable)

[If amendment: Describe the specific material change(s) prompting this amended petition. For each change, explain:]

A. Worksite Change (If Applicable):
The Beneficiary's primary worksite has changed from [PRIOR WORKSITE ADDRESS] to [NEW WORKSITE ADDRESS]. This new worksite is located [within/outside] the Metropolitan Statistical Area of the previously certified LCA. A new LCA (Case No. [LCA NUMBER]) has been certified for the new worksite, and the Beneficiary will be compensated at or above the required wage level for the new area of intended employment.

B. Change in Job Duties (If Applicable):
The Beneficiary's duties have been modified as follows: [Describe the changes]. The revised duties continue to qualify as a specialty occupation under the same SOC classification, and the position continues to require a minimum of a [DEGREE] in [FIELD].

C. Change in End Client or Third-Party Placement (If Applicable):
The Beneficiary was previously assigned to [PRIOR END CLIENT] and is now assigned to [NEW END CLIENT] at [NEW WORKSITE ADDRESS]. The Company maintains the requisite employer-employee relationship with the Beneficiary as described in Section VI below.

D. Change in Wage or Hours (If Applicable):
[Describe any changes to compensation or work schedule, and confirm compliance with the prevailing wage and LCA requirements.]

VI. Employer-Employee Relationship

Pursuant to 8 C.F.R. § 214.2(h)(4)(ii) and the USCIS January 8, 2010, Memorandum on employer-employee relationships, [EMPLOYER NAME] maintains the right to control when, where, and how the Beneficiary performs work. Specifically:

• The Company has the right to hire, pay, supervise, and fire the Beneficiary.
• The Beneficiary reports directly to [SUPERVISOR NAME AND TITLE] and receives regular performance evaluations.
• The Company sets work schedules, assigns duties, and provides the tools and instrumentalities necessary for the work.
• The Company determines the methods and means by which the work is performed.

[If the beneficiary works at a third-party worksite: While the Beneficiary performs certain duties at the premises of [END CLIENT NAME], the Company retains full supervisory control and the employer-employee relationship remains intact. The Company directs the Beneficiary's daily activities, provides technical direction, evaluates performance, and retains the authority to reassign or terminate the Beneficiary's employment at any time. Enclosed please find the Master Services Agreement / Statement of Work / End-Client Letter confirming these arrangements.]

VII. Maintenance of Status (For Extension Requests)

The Beneficiary has continuously maintained lawful H-1B status since [DATE OF INITIAL H-1B ADMISSION OR CHANGE OF STATUS]. Evidence of the Beneficiary's continuous lawful status includes:

• Prior H-1B approval notices (Receipt Numbers: [________________________________])
• Current I-94 record showing authorized stay through [__/__/____]
• Recent pay stubs and W-2 forms confirming continuous employment
• Tax returns and wage records

The Beneficiary has not violated the terms of admission, has not been employed without authorization, and has not remained in the United States beyond any previously authorized period of stay.

VIII. Worksite and LCA Compliance

The Beneficiary will perform services at the following worksite(s):

The Company certifies that it has complied with all applicable LCA requirements under 20 C.F.R. § 655 Subpart H, including posting the LCA notice at each worksite and maintaining the public access file.

IX. Conclusion

Based on the foregoing, [EMPLOYER NAME] respectfully requests that USCIS approve this [amendment/extension/amendment and extension] petition, granting the Beneficiary continued H-1B classification for the period [START DATE] through [END DATE].

Should the Service require any additional information or documentation, please do not hesitate to contact the undersigned.

Respectfully submitted,

________________________________________
[SIGNATORY NAME]
[TITLE]
[EMPLOYER NAME]
Date: [__/__/____]

[If represented by counsel:]

________________________________________
[ATTORNEY NAME]
[BAR NUMBER / STATE]
[FIRM NAME]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Date: [__/__/____]

PART IV — EVIDENCE AND EXHIBIT CHECKLIST

A. Forms and Government Documents

☐ Form I-129, Petition for a Nonimmigrant Worker (completed and signed)
☐ H-1B Data Collection and Filing Fee Exemption Supplement
☐ Form I-129H1 (H Classification Supplement)
☐ Certified Labor Condition Application (ETA Form 9035/9035E)
☐ Form G-28, Notice of Entry of Appearance as Attorney (if represented)
☐ Form G-1145, E-Notification of Application/Petition Acceptance (recommended)
☐ Filing fee payment(s) — see Fee Summary below
☐ Prior H-1B approval notice(s) (Form I-797A/B/C)
☐ Beneficiary's I-94 Arrival/Departure Record (printout from CBP website)

B. Employer/Company Documentation

☐ Employer support letter (this document)
☐ Company organizational chart showing Beneficiary's position
☐ Company profile (annual report, marketing materials, website printouts)
☐ State business registration / certificate of good standing
☐ IRS tax transcripts or audited financial statements (if ability to pay is at issue)
☐ Evidence of FEIN (IRS correspondence, CP 575, or similar)
☐ Copy of LCA public access file documentation

C. Position and Specialty Occupation Evidence

☐ Detailed position description with duty percentages
☐ Evidence of degree requirement for the position:
☐ OOH (Occupational Outlook Handbook) excerpts for SOC code
☐ Expert opinion letter (if applicable)
☐ Job postings for similar positions in the industry requiring a degree
☐ Prior hiring history (list of prior incumbents and their degrees)
☐ Prevailing wage determination or Wage Level documentation
☐ Comparison of offered wage to prevailing wage showing compliance

D. Beneficiary Credentials

☐ Copy of diploma(s) and degree certificate(s)
☐ Official academic transcripts
☐ Foreign credential evaluation (if applicable — from NACES or AICE member)
☐ Course-by-course evaluation showing U.S. equivalency
☐ Professional licenses or certifications (if required for the position)
☐ Updated curriculum vitae / resume
☐ Employment verification letters from prior employers

E. Maintenance of Status Documentation (Extension Requests)

☐ Copy of all prior H-1B approval notices (I-797)
☐ Current I-94 record (printout from CBP I-94 website)
☐ Passport biographical page (valid for duration of requested stay or with explanation)
☐ Recent pay stubs (most recent 3-6 months)
☐ W-2 forms for all years in H-1B status
☐ Federal tax returns (Form 1040) for most recent year
☐ Employment verification letter from current employer confirming continuous employment

F. Third-Party Worksite Documentation (If Applicable)

☐ Master Services Agreement (MSA) or contract between petitioner and end client
☐ Statement of Work (SOW) or Work Order describing Beneficiary's assignment
☐ End-client support letter confirming:
☐ Dates and duration of assignment
☐ Physical worksite address
☐ Description of duties at the client site
☐ Confirmation that petitioner retains supervisory control
☐ Itinerary with dates and locations consistent with LCA (if multiple worksites)

G. Employer-Employee Relationship Evidence

☐ Offer letter or employment agreement
☐ Description of supervision structure
☐ Performance evaluation(s)
☐ Company policies handbook excerpt (showing employer control)
☐ Payroll records

PART V — FILING FEES SUMMARY (AS OF FEBRUARY 2026)

Fee Schedule for H-1B Amendment/Extension

Important Fee Notes:

• The ACWIA fee ($750/$1,500) and Fraud Prevention and Detection fee ($500) apply only to petitions seeking to "initially grant" H-1B status or change of status to H-1B. They generally do not apply to extension-only or amendment-only petitions where the beneficiary already holds H-1B status with the same employer.
• The Asylum Program Fee applies to every I-129 petition, including amendments and extensions.
• Qualifying nonprofit organizations (including institutions of higher education and affiliated nonprofit entities, nonprofit research organizations, and government research organizations) are exempt from the ACWIA fee and the Asylum Program Fee.
• Verify the current fee schedule at https://www.uscis.gov/feecalculator before filing.

Fee Payment Checklist:

☐ Base I-129 Filing Fee: $[____] — Check/money order payable to "U.S. Department of Homeland Security"
☐ Asylum Program Fee: $[____] — Separate check/money order
☐ ACWIA Fee (if applicable): $[____] — Separate check/money order
☐ Fraud Prevention Fee (if applicable): $[____] — Separate check/money order
☐ Premium Processing Fee (if applicable): $[____] — Separate check/money order with Form I-907

PART VI — FILING INSTRUCTIONS

A. Where to File

Current USCIS Lockbox Addresses:

• U.S. Postal Service (USPS): USCIS, Attn: H-1B, P.O. Box [CHECK CURRENT ADDRESS], [CITY, STATE ZIP]
• FedEx/UPS/DHL: USCIS, Attn: H-1B, [CHECK CURRENT STREET ADDRESS], [CITY, STATE ZIP]

Note: Filing addresses change frequently. Always verify the current filing address at https://www.uscis.gov/i-129 before filing.

B. Processing Times

Check current processing times at https://egov.uscis.gov/processing-times/.

C. Filing Timeline Considerations

• Amendment timing: File the amended petition before the beneficiary begins working at a new worksite outside the prior area of intended employment. The beneficiary may begin work at the new location upon filing (not approval) of the amended petition, provided the new LCA is certified.
• Extension timing: File the extension petition before the current I-94 expiration date. If filed timely, the beneficiary may continue employment for up to 240 days while the petition is pending, pursuant to 8 C.F.R. § 274a.12(b)(20).
• Cap-exempt extensions: Extensions of H-1B status are not subject to the annual H-1B cap.

PART VII — COMMON AMENDMENT TRIGGERS AND ANALYSIS

When Is an Amendment Required?

Per Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), and 8 C.F.R. § 214.2(h)(2)(i)(E):

When Is an Amendment NOT Required?

• Short-term placements at non-worksite locations (per 20 C.F.R. § 655.735)
• Worksite changes within the same MSA (area of intended employment)
• Minor, immaterial changes that do not affect the core terms of employment
• Salary increases that do not change the wage level or SOC code

PART VIII — PRACTITIONER TIPS AND COMMON PITFALLS

Best Practices

1. Consistency is paramount. The support letter, I-129, LCA, and all supporting documents must be internally consistent regarding job title, duties, worksite, salary, and educational requirements. Any inconsistency may result in a Request for Evidence (RFE) or denial.

2. LCA posting compliance. Ensure LCA notice is posted at every worksite for at least 10 business days, or provide notice to the bargaining representative if a collective bargaining agreement exists. Maintain documentation of posting dates and locations.

3. Duty percentages must be specific. Avoid vague or generic duty descriptions. Each duty should include a specific time percentage, and the total must equal 100%. Duties should clearly demonstrate why a specific degree is required.

4. Third-party worksite petitions require additional scrutiny. For beneficiaries placed at third-party worksites, include robust end-client documentation (MSA, SOW, support letter) and a detailed explanation of the employer-employee relationship. Reference the USCIS Neufeld Memo (January 8, 2010) standards.

5. Amendment before commencement. File the amended petition before the beneficiary begins working under changed conditions. The beneficiary may begin work at a new location upon filing (not approval) if a certified LCA is in place.

6. Paginate and index all exhibits. Number each exhibit sequentially and include a table of contents. Reference exhibits by number throughout the support letter for ease of adjudication.

Common Pitfalls to Avoid

☐ Filing an extension without addressing material changes that have occurred since the last approval
☐ Inconsistent information between the I-129, LCA, support letter, and end-client documentation
☐ Failing to obtain a new LCA when the worksite has moved outside the MSA
☐ Overly broad or unrealistic itineraries for beneficiaries with multiple worksites
☐ Inadequate specialty occupation analysis (failing to address all four regulatory criteria)
☐ Missing or expired credential evaluations for foreign degrees
☐ Insufficient evidence of the employer-employee relationship at third-party worksites
☐ Failing to include maintenance-of-status evidence (pay stubs, W-2s, I-94) for extensions
☐ Using incorrect filing fees (verify at USCIS fee calculator before submission)
☐ Overlooking the Asylum Program Fee requirement (applies to all I-129 petitions as of April 2024)
☐ Not filing premium processing when timing is critical for travel or employment gaps

RFE Prevention Strategies

• Pre-audit the petition package against the USCIS Policy Manual, Volume 2, Part H before filing
• Cross-reference all dates, addresses, and figures across every document
• Include a cover letter with a clear exhibit list and organized tab structure
• Address potential weaknesses preemptively in the support letter (e.g., degree-field mismatch, experience-only qualifications, or third-party placement)
• Include OOH data, expert opinion letters, and industry evidence to strengthen the specialty occupation argument

PART IX — STATUTORY AND REGULATORY REFERENCES

PART X — DISCLAIMER AND PROFESSIONAL RESPONSIBILITY NOTICE

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Immigration law is complex, fact-specific, and subject to frequent changes in statutes, regulations, and agency policy. The information contained herein is current as of February 27, 2026, but may not reflect subsequent changes. You must have this template reviewed and customized by a qualified immigration attorney before use. No attorney-client relationship is created by use of this template.

PROFESSIONAL RESPONSIBILITY NOTE: Attorneys using this template must independently verify all statutory citations, regulatory references, fee amounts, filing addresses, and processing times before submission. Counsel should conduct a thorough case analysis and tailor all materials to the specific facts of each case. Filing fees and addresses are subject to change; always verify at https://www.uscis.gov before filing.

Template prepared for use on the ezel.ai platform. Last updated: February 27, 2026.