Latest Developments for US H-1B Visa Holders, Regarding Switching Jobs

April 29, 2019
There have been Latest developments for H-1B visa holders in the US in the matter of switching jobs. It deals with the issue of obtaining a new job similar to the old which requires similar skills.

Latest Developments for US H-1B Visa Holders, Regarding Switching Jobs

Specialty Occupation Clause 

The US Citizenship and Immigration Service make an objection on applications of the new employers citing Specialty Occupation clause for new positions. When an H-1B holder starts to work at another place and there is a denial of transfer the person becomes out of status and has to face a bar on entry. He/she can escape this when the old employer agrees to take back such workers. The case where time remains on the original approval of the H-1B, with the old employer, the beneficiary gets a grace period of 60 days.

Defining a Specialty Occupation 

The definition of a specialty occupation is that the persons who get the training and employment in specialty occupations can earn the H-1B visas. The Requests for Evidence received in many cases of H-1B petitions seek an answer regarding the position meeting the criteria for the specialty occupation. Moreover, it also requires 'Theoretical/practical application of a top specialized body of knowledge. This is in combination with attaining the bachelor’s (or another higher degree) in specific specialties to enter an occupation.  These deal with professions in science, technology, and mathematics and engineering.

The technology sector in the US hires H-1B workers and many of them are Indians. There are also many H-1B cases today suffering from requests for evidence.

In 2018, Indians had a share of 309,986 applications seeking the H1B visa. This is 74 percent of the total annual H1B applications.

Indian IT Companies

Indian IT companies’ prefer the H1B work visa to reduce costs down and also to get the advantage over multinational players. Indians will continue to get a major share of applicants in this year also. Moreover, there will be an increase in women applicants. Many H4 visa holders may resort to the H1B program, as the means of joining their spouses working in the US.

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