Understanding the Process of Job Switching for H-1B Visa Holders

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

The Number of Job Transfers for H-1B Workers on the Rise

In recent years, there has been a notable increase in the number of H-1B workers changing jobs. According to data from fiscal year 2005 to 2023, over 1 million job transfers have taken place among H-1B visa holders. This trend is primarily driven by various factors, including a tighter labor market, the growing number of H-1B workers in the US, and government policies that make it easier for H-1B visa holders to switch jobs.

Interestingly, more H-1B workers are now shifting jobs rather than starting H-1B employment for the first time. About 61% of new H-1B workers are being hired by existing H-1B employers, indicating a significant trend in the job market.

Indian workers on H-1B visas face unique challenges, such as a shortage of green cards and high fees for job transfers. This makes it essential for them to navigate the process carefully, as highlighted by immigration attorney Cyrus D. Mehta.

Mehta provides details on the process for job transfers for H-1B visa holders, emphasizing that the new employer must file the Labor Condition Application (LCA) and an H-1B petition for an extension of status. Additionally, as of April 1, fees for filing Form I-129 for H-1B petitions have been revised, with different fee structures based on the employer’s size and the number of employees on H-1B or L status.

Overall, the increasing number of job transfers among H-1B workers underscores the dynamic nature of the job market and the importance of understanding the legal processes involved in changing jobs for visa holders. Stay tuned for more updates on immigration policies and trends affecting H-1B workers on My MBA Career.