Department's Guide to Visa Sponsorship
Managing Compliance
It is critically important that H-1B employment comply with all U.S. immigration regulations. Failure to comply can result in a violation of status for the H-1B employee, and violations can have serious consequences up to and including being asked to leave the U.S., being barred from entering the U.S., and being barred from applying for future immigration benefits.
An H-1B employee’s legal status in the U.S. is tied to the specific job, employer, and work location described in the H-1B petition. H-1B status is not transferrable across jobs (even within Jefferson), and it does not automatically move with an employee as they progress in their career. For this reason, departments must notify OIS in advance of any proposed changes in the terms and conditions of employment for an H-1B worker.
Changes in employment that may impact an H-1B employee include:
- Changes in job title, job responsibilities, hours, or salary (including promotions, demotions, or significant raises).
- Changes in departments or supervisors
- Changes in work site locations, including work-from-home arrangements
- Adding a role or position outside of the approved job, such as moonlighting or other part-time work
Please note that H-1B employees may not be put on unpaid or reduced-pay leave due to lack of work or lack of resources.
H-1B employees who wish to enroll in a course of study, should contact OIS to confirm participation will not impact their status.
H-1B status is approved in increments of up to three years at a time, for a maximum of six years.
When certain criteria are met, it can be possible to extend H-1B status beyond the six-year limit. This can happen in specific cases where an employee had applied for permanent residence, or when an employee has spent significant time outside the U.S. during their H-1B employment, and that time is eligible to be recaptured.
H-1B employees and their departments will receive automatic notifications from OIS 210 days before the end date on an employee’s H-1B. Departments can request an extension for eligible employees at this time, if they have not already done so.
Preparation and submission of an extension petition takes up to 120 days. If the extension petition is filed before the end date on an employee’s current H-1B, the employee may continue working for 240 days following the expiration date, while the petition is pending with USCIS. This eliminates the need for premium processing, but the employee cannot travel internationally when their petition is pending if their current approval notice has expired.
Departments interested in retaining employees beyond the six years of H-1B eligibility should speak with OIS to understand the timelines and requirements for an employment-based change of status (such as O-1 or permanent residence). Applying for employment-based permanent residence is a multi-step process that can take several years to complete
An employee’s H-1B status is tied to the specific job, work location, and employer listed in their H-1B petition. Unreported changes in employment can violate a visa holder’s status and have serious consequences for the employee.
Contact OIS in advance of any proposed changes in employment for an H-1B worker, including promotions or demotions; a change in hours, salary, job responsibilities, or work location; or a change in supervisor or hiring department. Material changes in the terms and conditions of employment may require Jefferson to file an H-1B amendment.
OIS works with outside counsel to prepare and submit H-1B amendments; the normal preparation and submission time is 120 days. H-1B employees are eligible to move into their new role once USCIS confirms receipt of the amendment petition, prior to issuing an approval notice.