Foreign national workers with an H1-B visa may need to make amendments to their initial visa status. In this guide, we offer more details about the H-1B visa amendment process.
Foreign national workers with an H1-B visa may need to make amendments to their initial visa status. In this guide, we offer more details about the H-1B visa amendment process, including what an amendment is, when one might be needed and how to apply for an amendment.
An H1-B visa is an employment-based, nonimmigrant visa for temporary workers. It allows American employers to sponsor foreign national workers to enter the U.S. in order to fulfill a required job position on a temporary basis.
In other words, an employer must offer a U.S.-based job to a foreign national employee and petition for an H-1B visa on behalf of the nonimmigrant employee.
The process of applying for an H-1B visa is as follows:
2. Once the U.S. Department of Labor approves the LCA, the American employer must then complete and file Form I-129 (Petition for Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). This form requests an H-1B classification for the foreign worker. All necessary supporting documentation must accompany Form I-129 when it is submitted to USCIS.
3. If USCIS approves the petition, it will serve as a work permit and will allow the foreign worker to obtain an H-1B visa classification. The worker also gains entry to the U.S.
The duration of stay for an H1-B visa is three years. It can also be extended to six years in certain situations, for example:
Note that the maximum duration of stay for H-1B visa holders who are working on an exceptional U.S. Department of Defense project is 10 years.
Non-permanent resident H-1B visa holders who have already extended their duration of status to the maximum six years must leave the country at least one year before they can reapply for a new H-1B visa.
Foreign workers who have an approved H1-B visa are allowed to work and reside in the U.S. as a non-immigrant. Additionally, HI-B visa holders are allowed to:
Once an H-1B visa is approved, a material change in the conditions of employment cannot be made. For example, the foreign worker’s place of employment cannot be changed.
However, if a material change needs to be made, an application for an amendment to the existing H-1B visa can be filed.
Examples of material changes that would require an H-amendment to an existing H-1B visa include:
If an H-1B visa amendment is necessary and is not applied for, USCIS may take action against both the foreign worker and their employer.
Should this happen, the foreign employee may be stripped of their H-1 visa status and be deported.
As such, an application for an amendment should be filed if any material changes to employment occur and affect the H-1B visa petition initially filed.
Employers do not need to file an amended H-1B visa petition if:
To file an amendment, the employer must file Form I-129 (Petition for Immigrant Worker) with USCIS. Additionally, the employer must submit a Letter of Support, as well as any other necessary supporting documents, such as:
The employer must also pay a $1,500 filing fee for Form I-129.
The nonimmigrant employee may start working for the employer as soon as the amended H-1B visa has been filed.
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The ultimate guide to the H-1B visa
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