As an essential part of the U.S. immigration system, the H-1B visa has allowed countless job opportunities for international graduates. However, recent issues have arisen for these visa holders when attempting to switch jobs in the U.S., even if the new position requires the same skill set as before.
Understanding the H-1B Visa
The H-1B visa is a non-immigrant visa that allows U.S. companies to employ workers in specialty occupations typically requiring a bachelor’s degree or higher. These areas of work often include IT, finance, accounting, engineering, mathematics, science, medicine, and architecture amongst others.
However, complications can arise when a visa holder moves to a different job. If their transfer request is denied, it could potentially result in the individual being ‘out of status’. This would lead to a bar on entry into the U.S. for three to ten years unless their previous employer is willing to rehire them.
Criteria for a Specialty Occupation
For a job to qualify as a specialty occupation under the H-1B visa, it must meet certain criteria. These include a minimum entry requirement of a bachelor’s degree or higher, the degree requirement being standard in the industry, and the role being so specialized or unique that it requires an individual with a degree. Moreover, the employer must usually require a degree or its equivalent for the position. Lastly, the duties must be so specialized and complex that they are typically associated with a higher educational attainment.
H-4 Visa for Dependents
The H-1B visa also supports family unification by allowing holders to bring their spouse and children under 21 years of age to the U.S. under the H-4 Visa category. While the H-4 visa doesn’t allow the holder to work, it does provide them with other benefits such as attending school, obtaining a driver’s license, and opening a bank account.
H-1B Visa Cap
The USCIS implements a limit on the number of H-1B visas issued each year. Typically, this cap is set at 65,000, with an additional 20,000 visas issued for individuals who have completed a master’s degree in the U.S. Employers often prefer the H-1B visa because the application process is quicker than that for a U.S. Green Card, making it suitable for long-term assignments.
| Alternative Visa Categories: |
|---|
| L-1B for specialized workers |
| L-1A for managers and executives |
| E-2 Treaty Investor visa |
| E-3 for Australians etc. |
Recent Changes to the H-1B Visa
Recently, there have been significant modifications to the H-1B visa process. H-1B visas are now only being issued to the most skilled foreign workers or those with the highest pay. In July 2018, authorities were permitted to reject H1B applications that lack necessary information. In October of the same year, deportation began for H1B holders with expired visas and revisions were proposed for the definition of “specialty occupations”. In January 2019, it was announced that those seeking to file H1B cap-subject petitions would first need to electronically register with USCIS. These changes continue to shape the landscape of immigration and employment in the U.S.