When the employment conditions of H 1B change significantly, the employer must submit an application for change to the Immigration Bureau under the following circumstances:
The first case is that the working hours of employees in H 1B have changed. As the business of some employers is going from bad to worse now, they have to adjust the full-time jobs of H 1B employees to part-time jobs, for example, reducing 40 hours per week to 20 hours per week. If the above situation occurs, the employer needs to submit an application for change of H 1B to the Immigration Bureau in time.
In the second case, the employee salary of H 1B changes. Some employers have to reduce the salary of H 1B employees due to poor economic conditions, but the reduced salary is still higher than or equal to the current average salary. In this case, the employer does not need to submit an application for change of H 1B to the Immigration Bureau.
However, it should be reminded that although the employer does not need to submit a change application, it still needs to keep relevant evidence within the company to show that the employee salary of H 1B still exceeds or equals the average salary of the public after the reduction.
In the third case, the actual working place of H 1B employees changes. There are two different situations here. If the actual work place of the employee after the change still belongs to the same geographical area (county) as the work place when submitting the H 1B application, the working conditions application (LCA) is still valid, and the employer does not need to submit the change application to the immigration office. If the actual working place of H 1B employees is beyond the original geographical area, the employer must submit an application for change of H 1B to the Immigration Bureau.
The fourth situation is that the nature of the employer company has changed. If the employer's company structure changes, the most common situation is that the company is renamed. If the other employment conditions of H 1B employees are the same as before, the employer does not need to submit the application for change of H 1B, and only needs to indicate that the company has changed its name when submitting the application for extension of H 1B next time.
In addition, once the ownership of the employer's company changes, such as being acquired or merged by another company, in this case, the employer does not need to submit an application for change of H 1B, but the prerequisite that must be met is that the owner of the new company needs to bear all the responsibilities and obligations of the old company, including the obligation to apply for H 1B for the original foreign employees.