Extension or Change in Employment for a Current H-1B Employee

This includes any substantial alteration to the employee’s primary responsibilities, such as a transition from a postdoctoral research appointment to a faculty appointment, a shift from clinical duties to administrative responsibilities, or a fundamental change in the nature of the work being performed. Minor adjustments to day-to-day tasks that do not alter the core nature of the position do not typically require an amendment.

If the employee will add or change to a site that is outside the normal commuting distance from the location listed on the approved petition, the university must file a petition with USCIS. This includes transfers between the Denver and Anschutz campuses if the original petition specified only one campus, or assignments to off-campus clinical sites, satellite offices, or research facilities not listed on the original petition.

If the employee’s role is changing to include supervisory responsibilities that were not part of the original petition — such as managing staff, overseeing a lab, or directing a team — this constitutes a material change in the position.

Any increase or decrease in the employee’s full-time equivalent (FTE) appointment requires filing a petition with USCIS. This includes changes from full-time to part-time, part-time to full-time, or any adjustment to the percentage of effort.

If the employee’s salary will decrease for any reason — including budget reductions, FTE changes, or position reclassification — filing a petition with USCIS is required. USCIS must verify that the new salary continues to meet the required wage level (the higher of the actual wage or prevailing wage). Salary increases generally do not require an amendment, but contact ISSS to confirm.

An addition of, or change in, worksite within normal commuting distance requires a new Notice of Filing posting before work at the new site begins. This does not require filing a petition with USCIS, but it does require coordinating with ISSS for the new NOF. Contact ISSS for a new notice of posting or filing.

H-1B petitions at the University of Colorado Denver | Anschutz Medical Campus are most commonly filed for the following types of positions:

• Professors at all ranks and instructors
• Research scientists, research associates and other research faculty
• Physicians and medical residents and fellows
• Post-doctoral Fellows
• Data Scientists and Research Services, Business Services and IT Professionals
• Other professional positions requiring at least a bachelor’s degree in a specialty field

Extensions apply to employees already in these categories. If the employee’s position is changing to a different category (e.g., postdoc transitioning to faculty), this constitutes a material change and requires a petition for a change in employment — see Section 4 above.

Export control review is required for all H-1B petitions, including extensions and changes in employment.

Federal export control regulations (EAR and ITAR) require that the university certify compliance in the H-1B petition. The hiring unit must complete an export control review for every H-1B petition, regardless of whether the employee’s work involves controlled technology or information.

The export control review is completed through the university’s Visual Compliance system, managed by the Office of Regulatory Compliance. The hiring unit must submit the review before the H-1B Request to avoid delays.

If the employee’s work involves access to controlled technology, an Export Control Plan (also called a Technology Control Plan) may be required. The Office of Regulatory Compliance will coordinate if this applies.

Office of Regulatory Compliance — Export Control

Federal regulations require that H-1B employees be compensated at or above the higher of the actual wage (paid to other similarly situated employees) or the prevailing wage (determined by the Department of Labor for the occupation and geographic area).

For extension petitions, the hiring unit must submit an updated Actual Wage Memorandum reflecting current wage data. Even if the employee’s salary has not changed, the actual wage and prevailing wage must be re-evaluated at the time of filing because either may have changed since the original petition.

For amendment petitions involving a salary decrease, the new salary must still meet or exceed both wage levels. If it does not, the petition cannot be filed and the salary must be adjusted before proceeding.

When Wages Must Begin

The employer must start paying wages when the H-1B employee "presents themself for employment," meaning no later than 30 days after the employee enters the U.S. in H-1B status, or, if the employee is already in the U.S., no later than 60 days after the H-1B start date.

 

A new Labor Condition Application (LCA) must be filed with the Department of Labor for every extension or amendment petition. The LCA attests that the employer will pay the required wage, that the employment will not adversely affect other workers, and that notice has been provided.

The immigration attorney prepares and files the LCA as part of the petition preparation process.

Notice of Filing Posting Requirements

A Notice of Filing (NOF) must be provided to employees in the same job classification as the H-1B employee. The posting method depends on the worksite:

• Electronic posting for university worksites (including UCHealth and CU Medicine): The NOF must be sent via email to all employees in the hiring unit with the same job classification as the H-1B employee.
• Physical posting for third-party worksites: Two copies of the NOF must be printed and physically posted at the H-1B employee's third-party worksite(s) — including any remote worksites — for 10 consecutive business days. Third-party worksites include home worksite, the VA, Colorado Children's Hospital, and National Labs.

The attorney provides the NOF; the hiring unit is responsible for posting and certifying the posting.

For amendments involving a change in work location, the NOF must be posted at the new worksite. If the employee will work at multiple sites, NOFs may need to be posted at each location.