Can I do a job downgrade and continue on the H-1B?

The H-1B visa is granted based on a job offer that meets certain specialization and salary requirements, and any significant changes in the terms of employment may require special attention before immigration authorities.

In the case of a job downgrade – that is, a reduction in responsibilities or hierarchical position – it is possible for the beneficiary to maintain the H-1B visa, but it is essential to evaluate whether this change implies a material alteration in the originally approved position. If the modification is considered substantial, the employer will need to file an amended petition with USCIS, as well as a new Labor Condition Application (LCA), to ensure the new conditions comply with the H-1B program requirements.

Even in situations where the position is downgraded, the new job must still meet the specialization and salary requirements as stipulated by the visa regulations. It is important to highlight that each case has its particularities. Changes that affect the essential functions of the position or the salary can impact visa compliance, and a minor adjustment in the terms of employment is not automatically considered an admission downgrade without consequences.

Therefore, it is advisable to carefully assess the scope of the proposed change and, whenever possible, seek guidance from qualified immigration professionals or specialists to assist with the modification process. Additionally, keeping up to date with immigration laws and avoiding unfounded promises or marketing campaigns that guarantee results is essential. Specialized companies and professionals in the field can provide up-to-date and appropriate guidance, but no recommendation can guarantee the approval of an immigration process.

In summary, it is feasible to perform a job downgrade and continue maintaining H-1B status, provided all legal conditions are reevaluated and, if necessary, communicated to the authorities through the appropriate processes. Maintaining compliance with the established requirements is essential to avoid future complications.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.