Change in Department/Position & Promotions

It is possible to change a J-1 scholar's department or position. However, ISSS must approve the change beforehand and to be approved, the scholar must maintain the same exchange program objective and stay in the same J category. To request a change, the department administrator must initiate a new J-1 scholar request. The process is the same as the initial request process, and if the request is approved, the J-1 scholar will receive a new DS-2019. Once the new revised DS-2019 has been issued, the change may take effect. When submitting a request, the department must be aware of the following: 

• Each J category has a maximum time limit, and the request can not exceed the limit for the scholar's category.
• There are only nine appointment titles and job codes that are appropriate for a J-1 scholar. Therefore, promotions should be discussed with an ISSS advisor in advance.

It is possible to change an H-1B/E-3 scholar's department or position. However, since H-1Bs and E-3s are employment-specific, Emory is required to file an amended petition, and the department transfer, change in position, or promotion cannot occur until the amended petition has been filed and receipted by US Citizenship & Immigration Services (USCIS). 

(Note: Unlike H-1Bs, E-3 scholars also have the option to travel abroad and apply for E-3 reentry into the US using the updated LCA.)

To request a change, the department administrator must initiate a new H-1B or E-3 scholar request. The process is the same as the initial request process. If the change involves a change in department, the new hiring department will initiate the request. The H-1B/E-3 scholar must remain employed with the current department or in the current position until after the new petition is filed and receipted with USCIS (if a petition will be filed with USCIS) or the E-3 returns to the US. If not, both the scholar and Emory will be in violation of the federal regulations. 

When submitting a request, the department must be aware of the following: 

• If the new position title is not on the approved H-1B/E-3 position list, the hiring department should contact their ISSS Advisor to discuss if the position is eligible for H-1B/E-3 sponsorship. A list of approved Peoplesoft appointment titles can be found in the "Position and Wage Information" e-form in ISSS Link. 
• If an extension is involved with this department transfer, the hiring department may need to contact their ISSS Advisor to determine how much time is remaining on the six-year limit afforded by H-1B status. 

Changing hiring/sponsoring departments or promotions must be reviewed carefully before it takes place.  Departments should contact the ISSS advisor who handled the current (previously filed) O-1 petition to start the discussion.  If you are not sure, please email isss@emory.edu. 

It is possible to change an TN scholar's department or position. However, since TNs are employment-specific, Emory may be required to file an amended petition or the scholar may need to travel abroad and reenter the US before the department transfer, change in position, or promotion can occur.

Change in Emory Department

If a TN intends to change departments at Emory, the new hiring department's administrator should do the following:

1. Email their department's ISSS advisor about the transfer plans. In the email, they should include:
   • Name of department the TN is transferring from
   • Name of department the TN is transferring to
   • The TN's new title
   • The desired new salary
2. Wait for the ISSS advisor to confirm that the transfer is OK and that no amendment is needed. 
3. If no amendment is required, the department administrator will:
   • Use the lateral transfer template to write a letter from the scholar's supervisor to ISSS confirming the transfer. Email the department's ISSS advisor with a copy of the lateral transfer letter.
4. Once ISSS reviews the request, the scholar and new hiring department will either receive an approval email or a request for additional information.

Change in Position or Promotions

1. To request a change in position or a promotion, the department administrator must initiate a new TN scholar request. The process is the same as the initial request process.
2. ISSS reviews the request and evaluates whether an amended petition needs to be approved by the Department of Homeland Security (DHS). 
   • At this point, the ISSS advisor will email the department to let them know if the employee can be promoted or whether an amended petition is needed first.
3. If the promotion requires approval from DHS, then the department and scholar have two options:
   • Option 1: The TN employee can travel to Canada or Mexico and present a new employment offer letter at the US port of entry. 
     • Note that Mexican citizens might have to apply for a new TN visa stamp before they can return to the US.
     • If the TN employee chooses to travel, they can assume their new position when they re-enter the US.
   • Option 2: The department can file a form I-129 with USCIS.
     • Emory need to receive a receipt notice from USCIS before the employee can be promoted. 
     • Once a petition is filed, it normally takes three weeks to get a receipt notice. 
     • ISSS will email the department when the receipt notice is received.