Maintaining your H-1B visa status during employment changes is important. Whether you are switching employers or adjusting your role within the same company, you need to understand and follow the key compliance requirements to stay within the bounds of the law.
Notification of employment changes
Whenever an H-1B visa holder changes employers, they must file a new petition with U.S. Citizenship and Immigration Services (USCIS). You must complete this process, known as an “H-1B transfer,” before starting the new job. Even if you remain with the same employer but change your job duties or work location, you may need to file an amended petition. Failing to file the correct petition can result in losing your H-1B status.
Adhere to wage requirements
Employers must pay H-1B workers the prevailing wage for their specific occupation and location. If your role changes, your employer must ensure that your salary meets or exceeds the prevailing wage for your new position. Any discrepancies can lead to compliance issues and may jeopardize your visa status.
Maintain consistent employment
To maintain H-1B status, you must remain continuously employed with a qualifying employer. If you experience a gap in employment, even for a short period, you could lose your visa status. It is important to coordinate any job changes carefully to avoid unintended breaks in employment.
Moving forward
Navigating employment changes on an H-1B visa demands attention to detail. By understanding the specific requirements and staying proactive, you can maintain your visa status without unnecessary stress. This approach allows you to focus on your professional growth and secure your future.
