Office of International Student & Scholar Services

Changes in H-1B Employee Position

CHANGE IN H-1B EMPLOYEE POSITION FORM

Notify OISSS of Any Changes in Employment Prior to Them Going into Effect

H-1B employment is limited and specific to the employer, specific to the particular position and duties, and specific to the physical location(s) listed on the H-1B application. In accordance with 8 C.F.R. § 214.2(h)(2)(i)(E), an H-1B employer must notify USCIS immediately of “any material changes in the terms and conditions of employment.” The Department must contact OISSS prior to any changes in the employment, including but not limited to, changes in job title, requirements, qualifications, duties, hours, pay, promotions, demotions, associated RSP or index number, and work location (work site or building). Submitting an amended H-1B to USCIS will be required prior to a material/substantial change going into effect.

NOTify OISSS of Employment Termination, Employee Resignation, or End of Employment Obligation

The University of Toledo should ensure that it follows all of its internal policies regarding termination or employee separation. Further, USCIS must be notified if an employee is terminated (by the university) prior to the end of the employee's authorized period of stay.

Note: The department will be liable to pay reasonable costs of transportation for the employee to return to their country of residence if UToledo is severing the relationship. However, the department has no obligation to provide a return home ticket when the employee voluntary resigns before their H-1B status expires. However, please provide a 30-day notice prior to any separation, whether it be voluntary or involuntary, or simply the expiration of the term.  Documentation of the separation must be maintained regardless if it is voluntary. The H-1B status ends upon separation/termination of the employee.  The College or Department must notify OISSS so that we may notify USCIS of the separation. 

Change in salary or change in job title

Contact OISSS before any significant change of salary occurs which includes but is not limited to a salary or benefit reduction as well as a major promotion. The salary that was originally submitted must be guaranteed for the time frame requested. 

Change of job location or worksite

If the College or Department transfers the employee to another building on campus and/or off site location which was not listed on the original H-1B petition, the University may have to file a new LCA and a new H-1B petition. Where the physical location of employment will change, the sponsoring College or Department must contact OISSS prior to the change in job location regardless if the job remains the same and remains on campus.

Outside employment

The H-1B is very specific to those duties stated in the original petition. If payment or benefit is received for services outside the approved job duties, this is most likely unlawful employment, which jeopardizes the validity of the employee’s H-1B status and which may affect future filings and/or ability to obtain a permanent residency card. The Department should be mindful to only provide employment that has been sanctioned by USCIS. The approval of an H-1B does not allow the employee to work any other job at UToledo. 

Leave of absence

USCIS is focused on whether the employee has an “expectation of continued employment” at the time the leave is taken. Generally, leave of absences are not condoned.