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H-1B Change in Employment: Material Change Determination

Since H-1B employment authorization is employer, location, title, salary, hours and duty-specific, any change in employment deemed to be material requires submission of a new H-1B petition to the U.S. Department of Homeland Security (DHS) to amend the employee’s authorization for employment.

Job Changes include

  • promotion or other change in job title or rank
  • substantial changes in job duties/responsibilities
  • any decrease in salary/benefits
  • a substantial increase in salary/benefits
  • change in location of employment
  • change in total work hours or change in full-time/part-time employment status

Employment Changes within Same Department
If there is a proposed change in employment within the same department at Boston University, the hiring department must submit an H-1B Change in Employment Form to the ISSO no later than 60 days prior to the proposed change in employment. If the ISSO determines that a petition to amend the H-1B authorization is required, the petition must be submitted to DHS before the employee can commence the proposed new duties, salary, supervision, etc. If the proposed changed is deemed to be material, the hiring department will be asked to complete a new H-1B request packet, including a new appointment letter.

Employment for a New or Concurrent Hiring Department
If the H-1B employee will commence employment with a new (or concurrent) department at Boston University, a complete H-1B request packet, including a new appointment letter, is required from the new (or secondary) hring department. The ISSO will use this information to determine if the change is considered material and if a new H-1B petition will be required to amend the employee's work authorization.

 

ISSO
Boston University
February 28, 2005

Boston University International Students & Scholars Office June 26, 2007