Career
H-1B Visa Holders Changing Jobs: A Detailed Explanatio
Last Updated on April 21, 2024 by Robert C. Hoopes
The increasing trend of H-1B workers leaving their initial employers has been making headlines in recent years. According to recent data, the number of H-1B workers switching jobs has grown significantly, from about 24,000 in 2005 to a record 130,576 in 2022.
In fiscal year 2023 alone, H-1B workers changed jobs a staggering 117,153 times, with about 61% of all H-1B workers starting with a new employer being existing H-1B workers hired away from other employers in the US. This shift in the labor market can be attributed to various factors such as labor market tightness, the H-1B cap being quickly met, and government policies that encourage job switching.
In 2021, a record number of green card applications were filed, which has eased the job-switching process for many H-1B workers. However, employers looking to poach talent from other companies must be prepared to pay hefty fees for the transfer.
Experts suggest that the green card conversion process should be made automatic to streamline the job transfer process for H-1B holders. New York-based attorney Cyrus D. Mehta weighed in on the job transfer process, highlighting the steps involved such as preparing and submitting a Labor Condition Application (LCA) to the Department of Labor (DOL), filing an H-1B petition, and requesting H-1B classification for the new position.
As of April 1, the fees for transferring H-1B workers to new employers have been revised and now vary based on the number of employees and their status. There is also a different fee structure in place for H-1B nonprofit cap exempt employers. With the job market for H-1B workers continuing to evolve, staying informed on the latest regulations and processes is crucial for both employers and employees alike.
