Is This a New Role or a Promotion? Why It Matters for H-1B Promotion Rules

What HR teams need to know about H-1B promotion rules before changing the title, duties, or location of a visa-holding employee.

Why Immigration Cares About Job Changes

You’ve got a top-performing employee on an H-1B or green card path, and it’s time for a promotion. New title. Expanded responsibilities. Maybe even a pay bump.

But here’s the part that catches HR off guard: that “promotion” could legally be treated as a new job, requiring a new immigration filing.

Whether it’s an internal level bump or a formal org chart move, U.S. immigration regulations require consistency in what’s been filed versus what’s actually happening. The stakes are high: a misstep can mean starting over, triggering audits, or invalidating a pending green card.

What Is a “Material Change” Under H-1B Promotion Rules?

USCIS uses the term material change to describe any significant modification to the job conditions that were approved in a visa or green card petition. This can include:

• Job title change

• Major shift in job duties

• Promotion to a new department or level

• Relocation to a new worksite

• Significant salary increase tied to responsibilities

If the job changes materially and you don’t update the government, it may be considered out of compliance.

When You Need to Pause and Check

Before promoting, transferring, or re-scoping a visa-holding employee’s role, ask:

• Will the job title change? (Even a “Senior” prefix matters.)

• Will the employee’s core duties shift?

• Is there a new location involved?

• Are we mid-process on an H-1B or green card case?

• Did we already file a PERM or I-140 using the current role description?

If the answer is yes to any of these, an immigration impact review is a must.

“Same or Similar Occupation”: What It Means (and Why It’s Tricky)

For green card stages like I-485 portability, the USCIS allows job changes only if the new job is in a “same or similar” occupation.

That sounds flexible, but it’s often misunderstood.

• A move from Software Engineer to Engineering Manager? Usually okay.

• A jump from Technical Recruiter to HR Business Partner? Risky.

• A switch from Marketing Analyst to Product Manager? Needs scrutiny.

Tip: Just because roles share some skills doesn’t mean USCIS sees them as similar. They refer to the government’s Standard Occupational Classification (SOC) codes.

A Checklist for HR: Before You Change the Role of a Visa Holder

✅ Has immigration counsel reviewed the proposed change?

✅ Are we in the middle of a PERM, I-140, or H-1B process?

✅ Will this new role require a different SOC code?

✅ Is this move aligned with our company’s immigration policy for sponsored employees?

✅ Have we documented why this change doesn’t trigger a new filing?

✅ Do we have employee communication ready in case timelines are impacted?

Final Thoughts: Don’t Let Immigration Undermine Career Growth

Sponsored employees are often high performers and ready for more. HR’s role is to make sure immigration isn’t the reason they’re held back or put at risk.

That means syncing with immigration counsel early, flagging potential material changes, and documenting everything. Promotions should be moments of trust and progress, not regulatory missteps.

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Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.