- UTSA Policy
- Paying Nonresident Employees
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 VISIT 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 VISIT if 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 VISIT 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. VISIT provides assistance to employees exiting the university and, to do so, must meet with such individuals well in advance of termination.
Responsibility of Employees in H-1B Status:
Employees must notify VISIT in advance of any employment changes. Such changes include
- Changes in job title
- Job duties
- Decrease/increase in work hours. Some changes require that VISIT file an amended H-1B petition with the USCIS.
Employees must notify VISIT when
- Employees in H-1B status are required to notify VISIT of a change in immigration status, such as a change to permanent residence or student status. Changes in status may require VISIT 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 VISIT of any travel complications while traveling abroad, such as consular delays or incorrect information on the I-94 document. VISIT will provide timely assistance with travel complications whenever possible.
- Employees are required to provide VISIT 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 optional practical training at the completion of their degree studies.