MBA Career: Understanding the Process of H-1B Visa Holders Switching Jobs

Last Updated on April 21, 2024 by Robert C. Hoopes

H-1B Visa Holders Increasingly Switching Jobs in the US

Recent data shows that H-1B visa holders in the United States are changing jobs more frequently, with over 1 million job transfers reported from fiscal year 2005 to 2023. In 2023, about 61% of all H-1B workers starting with a new employer were existing H-1B workers hired away from other employers in the country.

Several factors contribute to this trend, including a tighter labor market, an increased number of H-1B workers in the US, and government policies that have made job switching easier for these visa holders. Immigration attorney Cyrus D. Mehta has outlined the process for H-1B visa holders looking to transfer jobs, which includes submitting Labor Condition Applications and H-1B petitions.

Starting April 1, new employers hiring H-1B visa holders will face revised fees, including Form I-129 fees, fraud fees, training fees, and asylum processing fees. Additionally, employers with 50 or more employees and more than 50% of their workforce in H-1B or L status must pay an additional $4000 in fees.

Employers with 25 or fewer employees have a different fee structure for H-1B petitions based on the number of employees. Nonprofit cap-exempt employers also have a separate fee structure for H-1B petitions.

The increase in job transfers among H-1B visa holders highlights the importance of understanding the regulatory requirements and fees associated with changing employers in the US. Stay informed about these developments to navigate your career path as an H-1B visa holder.