Amending H-1B Status
(Excerpted from http://www.ufic.ufl.edu/downloads/ifss/GDLNS_H1B.pdf)
October 2009


H-1B regulations require employers to submit petitions to the USCIS to amend the status for any H-1B
employee whose employment experiences any “material change”. At UF, changes in the following conditions of
employment are considered to be material changes that will require a “petition to amend” to be filed for an
affected H-1B holder: 1) a change in job title, only if the duties change from one title to another such as from
research to teaching or vice versa; 2) a change in FTE; 3) a change in the physical location of the work site
(example going from Gainesville, FL to Lake Alfred, FL); 4) If the increase in salary is more than 10% of the
salary and/or duties are increase. These conditions are specified on the Labor Condition Application and
prevailing wage. If there are any other changes, it will only require an actual wage, prevailing wage, LCA,
coversheet, offer letter and a letter explaining the changes or no material changes, which is done by the
department and submitted to UFIC for processing. An amendment would not be necessary for a change in salary
that would be considered a natural or automatic increase due to length of service or meritorious award for
performance of duties. There should NEVER be a decrease in the salary of an H-1B holder. Please call FSS at
352-392-5323 if you have questions about this process.