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?

Related Topics:
2 Lawyer Answers
Min Hwan Ahn
Min Hwan Ahn
Answered
  • Immigration Law Lawyer
  • Philadelphia, PA

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.