
Can an H-1B Employee Work Part-Time?
Under H-1B regulations, employers are not allowed to place a worker in unpaid, non-productive status when there’s no client assignment or if the employee cannot work due to issues like the lack of a permit or license. However, employers may retain workers in non-productive status if they continue paying them. In some cases, employers can also file an amendment to reduce the worker’s hours from full-time to part-time.
An H-1B employee may take unpaid leave and remain in an unproductive status if the leave is unrelated to employment, such as for personal reasons like traveling or caring for an ill relative. Additionally, sick leave and maternity leave are allowed if such leave is consistent with the employer's benefits plan or legal requirements, such as the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA).
Can I Terminate an H-1B Employee?
Yes, but there are specific guidelines to follow. If an employer wishes to terminate an H-1B worker, they must notify both the employee and USCIS that employment has ended and request revocation of the I-129 petition. Failure to do so could result in liability for back wages. Moreover, if the employee is dismissed before the end of the authorized employment period, the employer is responsible for covering the reasonable costs of the employee’s return transportation to their last place of residence.
Can I Change an H-1B Employee’s Job Title or Duties Without Notifying USCIS?
It depends on whether the change is considered "material." Minor adjustments, such as changes in job duties, promotions within the same occupation (without altering the required qualifications), or salary increases, do not generally require a new or amended petition. However, significant changes in the job may require further action.
Can I Transfer My H-1B Employee to a New Job Location?
Job location changes can be more complex. If the new location requires a new Labor Condition Application (LCA) to be certified with the U.S. Department of Homeland Security, this is considered a material change and may affect the employee’s H-1B status. In such cases, the employer must file an amended or new H-1B petition along with the appropriate LCA.
However, the following scenarios do not typically require filing an amended petition:
Relocation within the same area of intended employment: If the employee moves to a new job site within the same region, a new LCA is not usually required, but the original LCA must be posted at the new location.
Short-term placements: An H-1B worker may be placed at a new site for up to 30 days (and in some cases up to 60 days) without needing a new LCA, provided the employee is still based at their "home" worksite.
Non-worksite locations: If the employee is working at a non-worksite location with no material changes to their employment, no new or amended petition is necessary.
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