H-1B Responsibilities Overview
The hiring department and the H-1B employee must maintain compliance with H-1B federal regulations during the course of the employee's employment at UTSA.
Such regulations require careful monitoring of salary, job title, job classification, and job duties. Any significant changes in any of these areas require that you notify VISIT. Failure to maintain compliance and update our internal documentation could result in serious penalties and fines should UTSA be audited by DOL or USCIS.
Responsibility of Departments
The department is required to notify VISIT in advance of any employment changes related to employees in H-1B status. This includes changes in
- Job title
- Job duties or
Decrease/increase in work hours.
Departments must also remember
- Some changes require that International Scholar Services file an amended H-1B petition with the USCIS and, if so, the department is responsible for the fees associated with this filing.
- The department must notify International Scholar Servicesif an employee will be transferring to a new department at UTSA, even if the job title and job duties will not change significantly.
- The department is required to notify International Scholar Services if it is determined that the employee's job will be terminated prior to the H-1B expiration date. As there is no lawful grace period for the H-1B employee after early termination of employment, termination carries serious implications for the H-1B employee’s immigration status. Advance notice of termination will allow employees in H-1B status to explore other job opportunities or file a timely application for change to another permissible immigration status. International Scholar Servicesprovides assistance to employees exiting the university and, to do so, must meet with such individuals well in advance of termination.
Type of visa (immigration status)
- Non-immigrant foreign worker.
- Eligibility criteria
- Professional degree and skill
- Evidence that position to be filled requires professional skills and is temporary
Possible income from U.S. sources
- Unlimited income from UTSA
- No other income without petition from new employer
Maximum length of stay in U.S.
- Three years initially
- Renewable for total of no more than six years
- May have long-term intent to immigrate
- Not subject to home-country residence requirement
- Large amount of supporting documentation needed
- Job must pay prevailing wage
- Dependents may not work
Supporting documentation needed (This is not a complete list. The UTSA Hiring Department must contact International Scholar Services to begin the process.)
- Certified copy of highest degree
- Employer letter
- Labor condition application
- Curriculum vitae
- I-94 card
- List of publications, if applicable
- Copy of passport
- Copies of any previous U.S. immigration documents
- I-129 (issued by UTSA)
- Payment records from prior H-1B employers
Responsibility of Employees in H-1B Status:
Employees must notify International Scholar Services in advance of any employment changes. Such changes include
- Changes in job title
- Job duties
- Decrease/increase in work hours. Some changes require that file an amended H-1B petition with the USCIS.
Employees must notify International Scholar Services when
- Employees in H-1B status are required to notify International Scholar Services of a change in immigration status, such as a change to permanent residence or student status. Changes in status may require International Scholar Services to request withdrawal of the H-1B petition filed by UTSA. In addition, the employee’s I-9 form and international tax record must be updated to reflect the change in employment eligibility.
- Employees should also notify International Scholar Services of any travel complications while traveling abroad, such as consular delays or incorrect information on the I-94 document. International Scholar Services will provide timely assistance with travel complications whenever possible.
- Employees are required to provide International Scholar Services with a copy of any new I-94 cards obtained during entry/re-entry to the US so that VISIT can ensure continued employment authorization.
Dependent family members in H-4 status
Dependents of H-1B visa holders (spouses and children under 21 years of age) are eligible for H-4 visa status. This status can be obtained at a U.S. consulate if the dependents are outside of the U.S. or through USCIS if they are inside the U.S. If the dependents reside in the U.S., VISIT can assist in reviewing the filing for H-4 status. Dependent family members must obtain H-4 status unless they are in another lawful nonimmigrant category.
Dependent family members in H-4 status are not authorized to work while in the United States. Dependents in H-4 status may not receive any U.S.-sourced income while in H-4 status. They may engage in volunteer activities only if the activity is traditionally done on a volunteer basis. Dependent family members may not volunteer in positions that are usually paid position.
H-4s may attend school in the United States at any level from kindergarten through post-secondary education. H-4s attending universities or colleges are not eligible for employment generally.