Generally, an H-1B amendment is required when significant changes are made to the approved terms and conditions of your H-1B petition. Significant changes may include changes to the employment location, work hours, salary, or job duties. An H-1B amendment allows employers to update important information relating to the existing H-1B petition. Our Arlington Immigration Attorney can help walk you through the process.
Change in Work Hours
When there is a change in employment hours from full-time to part-time or vice versa, an amendment is required.
Change to Salary
When your salary increases because of an annual wage increase, no action is generally needed. Yet, significant increases to your salary may require the filing of an amendment. Usually, changes in job duties will accompany a significant salary increase. Therefore, it is important for a qualified attorney to take a closer look at the particulars of the case. To schedule a case assessment with our Immigration Attorney, please contact Stone Oak Immigration PLLC.
Change to Job Title or Job Duties
Not all job title changes require the filing of an H-1B amendment. If your new job title results in many new job duties, it is important for a qualified attorney to review the case closely. If you are taking on new job duties, especially in a management position, your employer may need to file an H-1B amendment on your behalf. If there are only minor changes in the job description that do not affect the basic requirements of the duties, then an amendment may not be required.
Change in Worksite
If your employer will change your worksite to an area that is outside of the normal commuting distance to the existing worksite, you may need an amendment. A qualified attorney will need to review both work addresses as well as all other changes before determining if an amendment is needed. If you’d like to speak to our Arlington Immigration Attorney regarding your case, please contact Stone Oak Immigration PLLC.
As an employer, can I make significant changes to an H-1B employee’s position before the amendment is filed?
No. An amendment must be filed before any material changes are made.
Generally, amendments do not need to be approved by USCIS before the change can take place.
How will USCIS find out about changes in my employment?
USCIS may conduct site visits under its Site Visit and Verification Program without notification to verify the information in the H-1B petition. If your employer changed your work location and the USCIS officer cannot find you at the address listed in the approved petition, USCIS may later issue a Notice of Intent to Revoke. Also, during H-1B transfer or extension filings, supporting documents from past positions must be submitted, which may lead an officer to identify important changes for which no amendment has been filed.
If your employer has made major changes to your H-1B employment, such as those listed above, please contact our Arlington Immigration Attorney. Failure to inform USCIS about major changes can have serious consequences, including a Notice of Intent to Revoke, Notice of Intent to Deny, or denial of future H-1B petitions.
