In H-1B, Szew Law Group Blog

In today’s current economic climate, more and more employers are struggling with having to lay off their employees. These layoffs are directly affecting many foreign workers in the United States, including those in full-time H-1B status. One possible solution for employers to avoid H-1b layoffs is to switch full-time H-1B employees to part-time instead. Employers must file an amended petition with USCIS in order to make this change.

Below are three interesting facts to keep in mind when deciding to change an employee to a part-time H-1B:

  1. No minimum number of hours are required for part-time H-1B status. Part-time employment is typically anything less than 35 hours, however, the employer should include in the petition proper evidence that the part-time H-1B employee has sufficient means to support themselves;
  2. The part-time employee’s number of hours worked can be listed as either “flexible” or as a range (i.e. “15-20 hours per week”); AND
  3. Since each part-time worker is calculated as less than a full-time worker, having part-time H-1B status could also benefit the employer’s status as being H-1B dependent.

If you are an employer or employee and want to get more information on changing to part-time employment while on an H-1B, please feel free to contact our office at 310-477-0047 or email us at to set up your consultation today!

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