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Changes, Transfer, & Terminations

In general, a foreign national may only work for the employer who filed the immigration petition and only in the position for which it was filed. Therefore, any changes to a foreign national’s employment must be reported to ISSS immediately so that a determination can be made whether an amended petition must be filed. Circumstances that require filing an amended petition include:

  • Change in Job Location
  • Significant Change in Job Duties
  • Significant Change in Job Requirements
  • Drop in Stated Wage
  • Position goes from full-time to part-time or vice versa

If an H-1B employee is dismissed prior to the end of the period of the authorized employment, the department most notify ISSS immediately. The department is responsible for the reasonable cost of return transportation to his/her last place of residence abroad. If the H-1B voluntarily terminates employment, the employer is not liable for the cost of return transportation.