HIB - Part Time based on Medical Treatment

[chandanad8]

I did my masters here and I have been working with the same company for 2 years on OPT. Now my employer wants to process my H1B but they would want to do it as part time (5-40 hrs) instead of full time because of the medical treatment I am going through. They say it would be a good flexibility for both the company and the employee. I am concerned if there are any issues which might come up during the processing of H1B as part time?

Will I have any immigration or visa issues?

Are there any minimum wages or minimum hours requirement for getting H1B approved? Would it have any processing issues to go back to full time after I resume from my treatment.

Can anyone please help !

[Attorney_25]

It is possible to have an H-1B petition approved for part time. There could theoretically be an issue of whether you are making enough money in the position to support yourself, for example if you were to work only 5 hours per week If there is a medical leave issue it is also possible to have a full-time H-1B approved and then take proper medical leave, although under the FLSA some part of that leave may need to be paid.

I assume you will have a qualified immigration attorney analyze the situation and determine, with you and with the employer, which option would work out best for both.