Can the employer reduce my working hours and salary?

The H-1B visa was created for international talents who fill specialized roles in the United States, and the employment relationship is defined based on terms established during the petition process. This means that, prior to its approval, your employer declared the working terms, such as salary and workload, which are fundamental to your immigration status.

Generally, the employer cannot unilaterally reduce your working hours or salary without it being treated as a material change to your employment terms. Any significant change to the originally approved conditions – such as reducing the number of hours or compensation – can represent a violation of your visa terms.

Furthermore, such changes must follow Department of Labor regulations and may require a new certification or amendment to the petition with the United States Citizenship and Immigration Services (USCIS). If your employer wishes to modify the terms of your contract, the proper procedure is to file a new petition or submit an amendment to the original petition.

This action aims to ensure that all adjustments comply with legal requirements and do not jeopardize your immigration status. If these changes are implemented without due process, there are risks not only to your job stability but also to your legal status in the country.

It is always important to strictly follow immigration laws and stay informed. If doubts arise regarding the validity of contractual changes or if you feel wronged by unauthorized modifications, seek information from official sources or consult trusted specialized professionals. Being alert to miracle promises and marketing campaigns guaranteeing quick solutions can help avoid risky situations or fraud.

In summary, changes to your working hours or salary without the due process can negatively affect your status, and it is crucial that any change is made in accordance with United States immigration laws and regulations. Staying informed and seeking specialized help is a prudent approach to ensure that your rights and status are preserved.

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.