As a rule, no: under the H-1B, your employer cannot simply reduce your hours or your salary, because those terms were declared in the approved petition and underpin your status.
Cutting hours or pay typically constitutes a material change to the original conditions. Changes of that kind must comply with the requirements of the Department of Labor and, in many cases, require a new Labor Condition Application and an amended petition filed with USCIS before taking effect.
If the employer wants to change the terms, the correct path is to formalize the change through an amendment or a new petition. Changes made without that process put both the employment relationship and your immigration status at risk.
If you suspect an improper change, it is worth confirming the situation with USCIS or with an immigration professional before accepting any new conditions.
Learn more about H-1B
- Initial validity
- 3 years
- Extension
- Up to 6 years total
- Annual cap
- 85,000 visas
- Processing
- 6-12 months
About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.