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For O-1 visa holders, employment authorization is directly tied to the specific position described in the petition. Because of this link, any significant change in the terms and conditions of employment, known as a material change, may require action to remain in compliance with immigration regulations.

A material change generally refers to any significant alteration in the employment relationship that could affect the visa holder’s eligibility, such as a change of employer, changes in job title or salary, worksite location changes, employment status changes, or termination of employment. When a material change occurs, the petitioner is required to file an amended O-1 petition with USCIS to document the new terms of employment.

As is common in immigration law, the same concept may arise in different contexts but be subject to different standards. The concept of a ‘material change’ also appears in the PERM labor certification process, where it refers to significant alterations in the job offer or employment conditions that could affect the labor certification, such as changes in job location, job duties, or company structure. In the O1 context, however, a beneficiary may add additional performances or engagements during the validity period of the petition without filing an amended petition, provided these activities require the extraordinary ability of the O1 visa holder.

Because the definition of a material change can be fact-specific, it is important for both employers and O1 employees to evaluate any change in employment carefully. Questions often arise about what constitutes a substantial alteration in job duties, what the process is for filing an amended petition, how long it typically takes for USCIS to process an amendment, and what the risks are if a change is not reported.

If you are an O1 visa holder or an employer with O1 employees and are considering changes to job duties, concurrent employment, or employer structure, it is critical to assess whether those changes rise to the level of a material change. Our firm can help evaluate your specific situation and guide you through the process of remaining in compliance.