It is tough now for H-1Bs to switch US Jobs
Posted on May 24, 2019
The H-1B Visa holders are now finding it tougher to switch US jobs. This is even if the new job is similar to the previous one requiring a precisely similar set of skills.
The US Citizenship and Immigration Services has rejected many applications by the new employer. This is by stating that the new US job cannot be considered as a ‘specialty occupation.’
If the H-1B Visa holder begins to work elsewhere and the transfer is rejected, they could be ‘out of status’. This results in a ban on entering the US for 3 to 10 years. It is except if the previous employer is ready to accept the worker back, as quoted by the Business Standard.
Y-Axis Immigration Expert Usha Rajesh said that usually there is no period of grace of the H-1B status has expired already. This is by the time the intimation for rejection is received. However, the beneficiary will have the time remaining on the original approval or 60-day grace period whichever is applicable. It is if there is time remaining on the original H-1B Visa with the previous employer, said the Expert.
What is a specialty occupation exactly? H-1B Visas are offered to individuals employed and trained in specialty occupations. The petition fulfilling or lacking the criteria of this specialty occupation is the issue raised by more than 25% of the ‘Requests for Evidence’ received by H-1B Visa holders.
The specialty occupation is defined by the Code of Federal Regulation. It says that this is having a practical or theoretical application of an extremely specific body of knowledge. It also involves having a Graduate of Master’s degree in specific expertise as a minimum for entry into the job. Examples include professions involving Mathematics, Engineering, Technology, and Science – STEM.
The tech sector in the US chiefly recruits H-1B Visa workers and the majority of these are from India.
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