H-1B status is employer-, job-, and location-specific. Any material change in the terms and conditions of employment or job title will require a new visa request and a new H-1B petition to U.S. Citizenship and Immigration Services (USCIS) before the change can occur.
Please contact ISO at acadvisa@uw.edu to report the following changes; an advisor will tell you whether they require a new visa request.
Change of Title
Most changes of appointment will require a new petition filed with USCIS, and therefore a new H visa request. Exceptions to this requirement may be granted on a case-by-case basis when the change is from Acting Assistant Professor, pending PhD to Assistant Professor.
Change of Worksite
Federal law permits an H-1B employee to work only at the worksite address listed on the Labor Condition Application (LCA) the UW filed with USCIS. Changing or adding a worksite requires posting notice to U.S. workers. ISO can provide information on what kind of posting is necessary.
Change of UW Department
A change of department may necessitate filing a new H-1B petition with USCIS. The UW may be able to avoid this if the following apply:
- The appointment title does not change
- There is no gap in paid employment
- The employee does not receive a reduction in salary
- There are no changes in job duties
- There is no change in appointment dates
If all 5 of these conditions apply, send ISO a memo describing the proposed changes. ISO will determine whether a new petition to USCIS is required.
Reductions in Salary or FTE
Reductions in salary or FTE below the rate reported to USCIS on the H-1B petition are not allowed.
Early Dismissal
See the Ending H-1B Employment page for more information.
On-Leave Status
An H-1B generally maintains lawful visa status in the U.S. only when maintaining paid employment. Before approving an unpaid leave for an employee in H-1B status, email acadvisa@uw.edu.
In general, the UW will only grant H-1B employees unpaid leave for situations required by law or contract, such as Family Medical Leave Act and state Family Care Act (“covered leaves”). Any leave granted in one of these situations must be thoroughly documented in advance. Faculty who are eligible for and considering sabbatical leave should review OAP’s Sabbatical Leave webpage for additional information, including sponsored-specific content in the Additional Considerations section.
Outside Professional Activities
Although UW employees in H-1B status may have opportunities to give lectures at other institutions or conferences, they cannot receive honoraria or derive other monetary or material gain for such activities without violating their H-1B status. ISO recommends that scholars not accept compensation or remuneration for such activities.