This is a regurgitation of an old article that has become relevant in recent months.
The part-time H-1B may be useful in the current economic climate; as it may allow an employer to avoid layoffs or avoid concerns of sufficient stream of revenue for full time employment. Note that an amended H-1B petition needs to be filed to change a full-time employee to a part-time employee, and/or vice versa.
A few things to keep in mind when filing part-time H-1Bs:
1. There is no minimum number of hours required under the regulations to qualify for part-time H-1B status. Part-time employment is anything less than 35 hours. As a practical matter, a beneficiary should be either making at least a living wage or the petition should be accompanied by proof that the beneficiary has sufficient means to support himself/herself.
2. The number of hours worked may be listed as a range, such as “15-20 hours per week” or as “flexible.”
3. Part-time status could ameliorate an employer’s status as H-1B dependent, since each part-time worker is counted as less than a full-time worker in the calculation.
Before deciding that part-time status is right for your client, don’t forget to also check the DOL regulations, to make sure the employer understands any relevant DOL reporting obligations.