Amending an H-1B Employee's Status


Federal regulations require the filing of a new petition with USCIS to report material changes to an H-1B holder's employment prior to the actual planned change.
 
Material changes that must be reported may include, but are not limited to, the following:
  • Change in title
  • Change in percent effort
  • Change in job duties
  • Change in work location
  • Change in supervisory responsibilities
  • Change in salary
 
In order to determine whether or not an amendment is required, the employer must complete the H-1B Amendment Determination request in Tracker.  This will assist ISFS in determining the appropriate course of action.  If, according to the information provided on the form, the proposed changes constitute material changes to the employment, an amended H-1B petition must be filed with USCIS.  
 
The amendment petition should be filed with USCIS before the H-1B holder assumes the new title, salary, work location, etc.
 
The hiring department must retain any documentation regarding adjustments made in the pay system during the validity of the H-1B's Labor Condition Application. This documentation must explain the adjustments and must show that after the adjustments the H-1B employee continues to receive at least the greater of the prevailing wage or the actual wage.  A copy of the documentation must be forwarded to ISFS.