Minneapolis, MN asked in Immigration Law for Minnesota

Q: Do I need to change my job title on our website if I change the O-net description on my H-1B renewal?

Hi, I currently work as an economist under an H-1B immigrant visa. Economists fall under the O-net code 19-3011.00 on the department of labor's O-net code index. My H-1B, however, expires in June, and for the renewal application, I am changing the O-net code to 19-3099.00 which is for social scientists and other related workers, but there are no changes in my job description or duties or compensation with the company. Will I have to change my job title with my employer as well? We have a website which I do write for and my title on the website is Economist. Will I have to change those details to reflect the change in my visa application or is that not necessary?

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2 Lawyer Answers

A: If you are changing the O-Net code on your H-1B renewal application, it is not necessary to change your job title with your employer or on your company's website. The O-Net code is used by the Department of Labor to classify occupations and does not determine your job title. Your job title can be different from the O-Net code and is usually determined by your employer.

However, it is important to ensure that the job duties, responsibilities, and compensation you are performing match the new O-Net code you are using on your H-1B renewal application. This is because the O-Net code and job duties are used by the USCIS to determine whether your position qualifies for H-1B classification.

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Answered

A: It's not necessary to change your job title on your employer's website if you change the O-net code on your H-1B renewal application. The O-net code is used by the Department of Labor to categorize different occupations and industries, and it's primarily used for statistical and research purposes.

As long as your job duties, responsibilities, and compensation remain the same, you can continue to use your current job title on your employer's website and other relevant documents. The fact that your O-net code is changing on your H-1B renewal application does not necessarily affect your job title or your actual job duties.

However, it's always a good idea to consult with your immigration attorney or HR representative to ensure that you are in compliance with all applicable laws and regulations related to your visa status and employment. They may be able to provide more specific guidance based on your individual circumstances.

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