H-1B Visa Job Switching Process Explained

Key Takeaways:

• H-1B job switches in the U.S. have risen, reaching 117,153 in 2023, reflective of evolving market conditions.

• Factors driving H-1B job switches include market tightening, rapid H-1B cap filling, and policy changes facilitating transitions.

• Job switching entails filing an LCA, porting to a new employer, and facing new fee structures and green card issues.

Why Are More H-1B Visa Holders Switching Jobs?

In recent years, there has been a notable increase in H-1B workers transitioning to new employers within the United States. A study conducted by David J Bier, the director of immigration studies at the Cato Institute, reveals a significant rise in job switches among H-1B holders. From a modest start of approximately 24,000 job switches in 2005, the number surged to a record 130,576 in 2022, before slightly decreasing to 117,153 switches in 2023. This trend indicates a shift in the employment dynamics for H-1B visa holders, suggesting both evolving market conditions and changes in U.S. immigration policies.

What Drives the Increase in H-1B Job Switching?

Several factors contribute to the growing trend of H-1B job switching. The U.S. labor market has shown a tightening trend, generally increasing overall job switching activities. Moreover, the rapid filling of the H-1B cap each year since 2014 has intensified the competition among employers to attract H-1B workers already present in the U.S.

Significantly, a policy update in 2017 that introduced a sixty-day grace period for H-1B workers to secure new employment after losing a job has further facilitated this trend. Additionally, the spike in green card applications in 2021 allowed H-1B holders, after 180 days of filing, to change jobs without compelling the new employer to restart the green card sponsorship process, further easing the job-switching process.

How Does the Job Switching Process Work for H-1B Visa Holders?

When an H-1B visa holder decides to change jobs, the new employer must undertake a few critical administrative steps. As explained by Cyrus D. Mehta, a New York-based immigration attorney, the process begins with the new employer submitting a Labor Condition Application (LCA) to the Department of Labor (DOL), which generally takes about 7 days to certify. Following the LCA’s approval, the employer can then file an H-1B petition on behalf of the worker. Remarkably, the H-1B worker can commence employment with the new employer before the approval of this petition, a process known as “porting.”

What Are the Recent Changes in Fees For H-1B Visa Transfers?

As of April 1, the USCIS updated several fees associated with the H-1B visa process. For larger companies with more than 26 employees, the fee for Form I-129 has increased from $460 to $780. Additional fees include a $500 fraud prevention fee, a $1500 training fee, and a new $600 asylum processing fee. The premium processing fee, which expedites the review process, is now $2805. It’s vital for employers, especially those with a sizeable proportion of H-1B or L-status employees, to be aware of and comply with these updated fee structures to avoid application rejections.

What Challenges Do H-1B Workers Face When Switching Jobs?

Despite the streamlined process for H-1B job switching, challenges remain. Many H-1B workers feel compelled to stay with their current employers, particularly due to the green card backlog affecting workers from countries like India. This situation can make it seem necessary to remain with an employer who is already sponsoring their green card process. Bier suggests, “The best solution would be to make the conversion to a green card automatic rather than requiring a renewal after three years.” Moreover, he believes the sixty-day grace period is insufficient for many workers who may find themselves in less than ideal job situations and feel uncertain about securing new employment within this timeframe.

For more details on the H-1B visa process, you can visit the U.S. Citizenship and Immigration Services (USCIS) official site.

Final Thoughts

The dynamics of H-1B employment are evolving, with an increasing number of workers switching jobs due to tighter labor market conditions, policy changes, and opportunities for better employment terms. While the process for switching jobs is facilitated by regulations like the sixty-day grace period and the ability to port, challenges such as the complex green card process and fee increases still pose significant hurdles for both employees and employers. Addressing these challenges will be crucial in ensuring that the H-1B visa remains a viable pathway for attracting skilled workers to the U.S.

Learn Today:

1. H-1B Visa: A non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations require theoretical or technical expertise in specialized fields such as science, engineering, and computer programming. H-1B visas are subject to annual numerical limits.

2. Labor Condition Application (LCA): A mandatory form that U.S. employers must file with the Department of Labor (DOL) when seeking to employ non-immigrant workers on H-1B visas. The LCA ensures that the employment of H-1B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

3. Green Card: A colloquial term for a Permanent Resident Card, which is evidence of an individual’s lawful permanent resident status in the United States. Green card holders are authorized to live and work permanently in the U.S. and enjoy many of the rights and benefits of U.S. citizens, except for voting in federal elections.

4. Premium Processing: An optional service provided by the U.S. Citizenship and Immigration Services (USCIS) that expedites the processing of certain employment-based petitions and applications, including H-1B petitions. Employers can pay an additional fee for premium processing to receive a decision on their case within 15 calendar days.

5. Porting: The practice allowed under U.S. immigration regulations that enables H-1B workers to start working for a new employer upon filing a new H-1B petition, without waiting for the approval of the petition. This flexibility is particularly valuable for H-1B holders seeking to switch jobs and continue their employment in the U.S. while the petition is pending.

This Article In A Nutshell:

The rise of job switches among H-1B visa holders in the U.S. has surged due to market dynamics and policy changes, such as the grace period and green card updates. Challenges persist, like green card backlog and fee increases. Understanding the process and recent adjustments is vital for both employees and employers.
— By VisaVerge.com

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