Employment Based Immigration Handbook
II. ONGOING OBLIGATIONS OF SPONSORING DEPARTMENT
II.2 CHANGES IN THE H-1B EMPLOYEE’S POSITION
The College or Department must monitor and notify CISP regarding the following matters prior to them going into effect:
*** Notify CISP 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 CISP prior to any changes in the employment, including but not limited to changes in job title, requirements, qualifications, or duties, hours, pay, promotions, demotions, and work location (worksite or building). Submitting an amended H-1B to USCIS will be required prior to a material/substantial change going into effect.
Note: Work authorization under an H-1B petition is very specific to the original request. It is specific to the job duties, pay, and worksite originally listed. Sponsoring Departments should take care only to employ the employee in the capacity as initially approved and requested. An amendment may be possible, but the amendment must be filed prior to the change going into effect. Discuss with CISP when unsure.
*** Notify CISP of employment termination, employee resignation, or end of employment obligation. UToledo should ensure that it follows all its internal policies regarding termination or employee separation. Further, USCIS must be notified if an employee is terminated (by UToledo) prior to the end of their authorized period of stay.
Note: The Department will be liable to pay reasonable costs of transportation for the employee to return to their home country of residence if UToledo is severing the relationship. However, the Department has no obligation to provide a return home ticket when the employee voluntarily 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 of if it is voluntary. The H-1B status ends upon separation/termination of the employee. The College or Department must notify CISP so that we may notify USCIS of the separation.
*** Change in salary or change in job title: CISP should be contacted before any significant change of salary occurs, which includes but is not limited to a salary or benefit reduction and major promotion. The salary that was originally submitted must be guaranteed for the timeframe requested.
*** Change of job location or worksite: If the College or Department transfers their employee to another building (on campus) and/or off-site location that was not listed on the original H-1B petition, the University may have to file a new LCA and H-1B petition. When the physical location of employment will change, the sponsoring College or Department must contact CISP prior to the change in job location regardless of 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, it 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 UT.
*** Leave of absence: USCIS is focused on whether the employee has an “expectation of continued employment” at the time the leave is taken. Generally, leaves of absence are not condoned.
*** Travel: If the employee plans to travel abroad, please notify CISP before travel.
Note: The sponsoring Department and College is responsible and obligated to request an Amendment of the H-1B Petition when material or substantial changes occur regarding the position. The sponsoring stakeholder should ensure that if any of the above changes are contemplated, measures are in place to discuss with CISP prior to them going into effect. CISP strongly recommends making this request about 60 days before an intended change.
Please remember that the University can be subject to adverse fines and penalties for failure to provide notice of material/substantial changes.