H-1B Promotions and Green Card Process: What You Need to Know
One of the many advantages of holding an H-1B visa is the flexibility it provides for your career in the United States. From its portability to its connection with employment-based green card sponsorship, it’s clear why so many professionals compete for this highly sought-after visa every year. If you have recently received, or are scheduled to receive, an H-1B promotion within your company, it’s important to understand how this change could affect both your nonimmigrant status and your path toward permanent residency.
Getting an H-1B Promotion
When you receive a promotion while on H-1B status, the first question to ask is whether a “material change” has occurred. A material change refers to a significant shift in job duties that requires education, training, or skills different from what was required when your original H-1B petition was filed. If such a change has taken place, your employer must file an H-1B amendment with USCIS.
When an H-1B Amendment Is Not Required
Not every promotion requires an amendment. For example, no new filing is typically needed when:
- The promotion is routine and still relies on the same skills and qualifications.
- Your salary increases without changing the essential job duties.
- Your employer’s name changes but its functions remain the same (though filing an amendment is still recommended).
- Your company undergoes a merger or acquisition but the new management agrees to continue the same H-1B terms.
- You transfer to another branch of the same company (unless it involves a new corporate entity that becomes your employer).
- You are temporarily working at a new or client location outside the original LCA address.
The Labor Condition Application (LCA) is critical in these cases. If your new role’s responsibilities no longer align with the LCA on file, or if you are permanently moved to a location with a different prevailing wage, an amendment will likely be necessary.
Filing an amendment may seem inconvenient, but failing to do so could jeopardize your status. Immigration attorneys at Green Card Link can evaluate your situation and determine whether an H-1B amendment is required, ensuring you remain in compliance with immigration laws.
When an H-1B Amendment Is Not Required
A key benefit of the H-1B visa is that it allows you to pursue a green card while working in the U.S. However, your H-1B promotion can directly influence the outcome of your permanent residency application.
If your employer is sponsoring both your H-1B and your green card, you’ll need to review the green card job description before making significant position changes. If your promotion creates a job that falls outside of the parameters established in your green card application, your immigrant petition may face denial.
Promotion After I-140 Approval
If you have already received I-140 approval, a promotion involving a material change in your H-1B position should be reviewed by an immigration attorney at Green Card Link. In some cases, filing a new I-140 may be required. Fortunately, you can request to retain your original priority date, so you do not lose your place in the green card waiting line.
Promotions that only change your job title or salary often do not require a new I-140, as they may not substantially alter your duties. Examples of scenarios where an amendment is not needed include:
- A worksite change within the same metropolitan statistical area (MSA).
- A temporary assignment outside the MSA lasting fewer than 30 days.
- A change in the employer’s name.
- Corporate restructuring where a successor-in-interest assumes sponsorship.
Green Card Porting After a Promotion
Your H-1B promotion may even allow you to “port” your green card application to a higher preference category. While porting requires starting the process again, you can retain your original priority date, giving you a significant advantage.
For instance, if you were sponsored for an EB-3 green card, but your promotion and new qualifications make you eligible for EB-2, you may upgrade your petition. To do this, your employer must file a new PERM Labor Certification (unless exempt through EB-1 or EB-2 NIW), followed by a new I-140 in the higher preference category.
Remember: simply earning an advanced degree is not enough. You must also hold a position that requires those higher qualifications. Immigration attorneys at Green Card Link can guide you through this process to ensure your application is filed correctly and strategically.
Understanding the H-1B Visa Framework
The H-1B visa is designed for specialty occupations, meaning your position must require at least a bachelor’s degree in a related field. Your employer must file Form I-129 on your behalf, and if subject to the lottery, it must be selected before USCIS approval.
Once approved, the H-1B offers significant flexibility:
- You can work full-time or part-time.
- You may hold positions with multiple employers simultaneously.
- You can transfer your H-1B status between employers.
However, when you receive an internal promotion, different rules apply depending on whether it constitutes a material change.
Why Professional Guidance Matters
Each promotion under H-1B status must be carefully evaluated to determine whether amendments or new petitions are required. Mishandling these transitions could place you out of status, affecting not only your H-1B but also your green card eligibility.
The immigration attorneys at Green Card Link are experienced in navigating complex H-1B promotion cases, ensuring compliance while helping you pursue long-term immigration goals. Whether you are seeking to file an amendment, upgrade your green card category, or simply confirm if your promotion affects your immigration status, professional guidance is invaluable.