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Maintaining Legal Status

In this Section

The H-1B is considered an "employer specific" status.

  • H-1B employees may not accept compensation from any other employer or entity other than those named in the original H-1B Petition.
  • Employees in H-1B status, who are invited to give a lecture off-campus, collaborate or conduct research with other schools/universities can receive reimbursement for reasonable living and transportation costs only.

In order to remain in legal H-1B status, the employee must maintain each element of the original application including:

  • salary
  • full-time or part-time status
  • work location
  • field of specialty
  • job description
  • and other job conditions that may apply

If the sponsoring department wants to change any of these conditions, it is imperative that they contact the Human Resources (HR) Department immediately as they are responsible for ensuring that the H-1B employee’s job duties remain in compliance with the US Citizenship and Immigration Services (USCIS) regulations.  

In certain instances, an H-1B (Amended) Petition may need to be filed in order to update the changed terms of employment.