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H-1B

Changes in Duties and Responsibilities

If there is a "substantial" change in the terms or conditions of a UMMC H-1B worker's employment, an amended petition must be filed with USCIS to notify them of the changes. Terms and conditions of employment include things like job title, job duties, job location and salary. The H-1B regulations do not define "substantial," so the Office of International Services with assistance from the sponsoring department must determine whether or not an amended petition is required. For example, a $10,000 salary increase given to an H-1B staff employee would certainly be substantial and may warrant an amended petition, but the same increase given to an H-1B physician would likely be considered a normal market adjustment and not require an amended petition.

UMMC departments frequently promote employees to faculty positions. In some instances, the duties of an employee who is promoted to a faculty position may not significantly change. For example, Postdoctoral Research Fellows may be promoted to Instructors without a substantial change in job duties, although they may receive a nominal pay increase. In these situations, an amended petition is normally not required. Minor changes in employment do not require an amendment and can be addressed with USCIS at the time that an H-1B employee's authorization is extended.

If a change in the terms or conditions of H-1B employment for an H-1B worker is being considered, a Determination of Necessity for H-1B Amended Petition form should be completed. The OIS will review the form and determine if an amended petition will be required. Substantial changes in H-1B employment should not commence until an amended petition has been filed with USCIS. UMMC applies the principle used for H-1B portability cases when filing amended petitions, i.e., the amended petition is filed prior to the change in terms/conditions of employment, and the change can commence once the OIS receives a Form I-797 receipt notice from USCIS.