Q: What would be an appropriate amount of salary decrement for an O-1 visa holder?

A: Reducing the salary of O-1 visa holders can impact their visa status since the O-1 visa requires maintaining employment terms consistent with what was presented to USCIS. While no specific percentage is set for salary reductions, any significant decrease might trigger the need to notify USCIS and possibly file an amended petition.

To legally implement the salary reduction, you must ensure it still reflects the nature of the role and expertise that justified the O-1 visa. Consult with the attorney who handled the initial filing.

A: Reducing the salary of O-1 visa holders can have significant implications, particularly since the O-1 visa is tied to the beneficiary's extraordinary ability and the terms outlined in their petition. If you reduce the salary too drastically, it could raise concerns with USCIS, as the change might indicate that the job no longer aligns with the original terms of employment.

To legally implement a salary reduction, you should file an amended petition with USCIS. This ensures that the changes are properly documented and reviewed, reducing the risk of future complications. The salary reduction should not be so substantial that it suggests the role has changed from what was originally approved under the O-1 visa.

Regarding future visa renewals or new applications, any significant changes in salary could be scrutinized. It may be viewed as a potential downgrade in the role or the importance of the position, which could negatively impact the perception of the individual's continued eligibility for the O-1 visa. Therefore, any salary reduction should be carefully considered and justified within the context of maintaining the integrity of the O-1 status.