An H-1B employer is required to file an amended petition when the following material changes occur:

(1) The job duties of the H-1B worker change significantly to the extent the duties are no longer those of the position identified on the original petition and the supporting LCA-state differently the change in duties arises to the level of a change in the specialty occupation., e.g., a physician is admitted to teach or conduct medical research and then seeks to provide clinical care;

(2) When the H-1B worker is assigned to a location in an area of employment not listed on the original LCA. A new labor condition application is required by the DOL.

(3)  When the H-1B job needs to be changed from a full time position to a part time position, or from a part time position to a full time position.

If there is one of any above changes on your H-1B workers' status, please contact Attorney Jeff Xie about preparing and filing the petition to amend the approved H-1B so that your company is in compliance with the regulation requirements.

However please also note that the following changes in employment do not require that an amended petition be filed:

(1) a change in job title without significant change in job duties;

(2) minor changes in job duties that do not affect the basic requirements of the job being performed by the H-1B worker;

(3) a promotion to a higher position within the same occupation provided that the alien is required to utilize the same academic training as was required in the former position, e.g., a promotion of an accountant to a supervisory accountant would not require amended petition because supervisory accountant would still be required to possess the theoretical knowledge of accounting normally possessed by an H-1B accountant;

(4) a change in salary, unless the change is so dramatic that it indicates a significant change in responsibility or duties;

(5) assignment to a new location for which a new LCA is not required (i.e., only a new posting is required under DOL rules);

(6) the employer's name changes but the underlying nature or terms of the H-1B employment does not;

(7) the employer is involved in a corporate restructuring, including but not limited to a merger, acquisition, or consolidation provided the new entity assumes all of the obligations and rights of the predecessor companies, and the terms and conditions of the H-1B employment remain the same.

If you have questions about any of above changes, please feel free to contact us.