Promoting an H-1B employee is an important step in their career advancement within your organization. However, the process involves careful consideration of H-1B visa regulations and requirements. THE H-1B visa The program is designed to address labor shortages by allowing U.S. employers to hire qualified foreign nationals for specialized positions. This program is carefully calibrated to match specific positions to specific workers. When promoting H-1B employees, it is essential to ensure that promotional changes match the original H-1B visa petition.
Promotion within the H-1B program
Promotions within the H-1B program can be complex. You should carefully assess whether the promotion constitutes a material change. A significant change is one that involves changes in the employee’s job role, requiring different skills, degrees, or a change in education level.
Confirm eligibility
To promote an H-1B employee, make sure they meet the following eligibility criteria:
A. Their professional role remains in the specialty for which their visa was originally approved.
b. They maintained their legal status, which includes complying with visa regulations, such as working only for their sponsoring employer and not engaging in unauthorized employment.
vs. Their salary remains in line with current salary requirements.
d. The promotion does not change the nature of their work to the point that it is no longer considered a specialized profession.
File an amended H-1B petition (if necessary)
If the promotion involves a significant change in job duties, location, or other substantial modification, it may be necessary to file an amended H-1B petition. Failure to do so could result in immigration violations. Consult an immigration attorney to determine if a modification is necessary and to help prepare the necessary documentation.
Confirm compliance of prevailing wages
Ensure that the promoted employee’s new salary is consistent with the current salary determination. The Department of Labor (DOL) provides guidance on how to determine the prevailing wage for a specific occupation and location. If the employee’s new salary exceeds the initial H-1B salary, you must file an H-1B amendment and the employee’s new salary must be reflected in their employment conditions application (LCA).
Monitor visa expiration and extensions
H-1B visas are generally granted for up to six years. If the employee approaches the six year limit and a green card application is not in progress, you should consider their future options. Extensions beyond the six-year limit may be possible in certain circumstances, such as pending green card applications or specific exemptions.
Consider the Green Card Process
Promotion can be an important milestone in an H-1B employee’s career and may be the ideal time to initiate the green card application process. This process can be complex and time-consuming, so it is essential to consult with an experienced immigration attorney to ensure the employee is on the right path to obtaining permanent residency.
Employee Support
Promotion can be a stressful time for H-1B employees due to the uncertainties associated with visa regulations and processes. Providing support and resources, such as access to immigration legal counsel and clear communication about their status, can help alleviate anxiety and improve retention.
The essential
Promoting an H-1B employee involves careful consideration of immigration laws and regulations. By ensuring you understand the H-1B visa requirements, confirm your eligibility, and take the necessary legal steps, you can successfully advance the careers of your H-1B employees while remaining compliant with U.S. visa laws. immigration. Please remember that immigration laws and regulations may change. It is therefore a good idea to consult with immigration professionals and legal experts to stay up to date on any new developments that may impact your employees.