Switching Jobs Not Easy Anymore For H-1B Holders

Mon Apr 29 2019 16:35:04 GMT+0530 (IST)

H-1B Visa Holders are facing difficulties when it comes to switching jobs because of the denial of applications by the new employer citing various reasons even if the new job is similar.

The United States Citizenship and Immigration Services (USCIS) kept turning down the applications moved by the new employer citing it doesn't constitute a speciality occupation. There is always a risk of the Employee who is switching job ending up with 'out of status', which bars him or her from entering United States for a period of 3 to 10 years.

Indian Citizen Usha Sagarwala has been living in US since 2012 on H-1B Visa. The USCIS rejected her application to switch job in 2018 citing the new one doesn't constitute a speciality occupation. When she sought preliminary injunction to retain her H-1B Status until the judgement on law suit filed by her, The US Federal Court refused to intervene in the matter. What if she is forced to go back to India?

If a H-1B Holder begins working for a new employer and the USCIS denies the transfer, Then he/she could be 'out of status'. Switching Jobs is crucial for Immigrants to ensure long stay in the US as obtaining Green Card has become very difficult.