According to a report, it will get tougher for H-1B visa holders in the United States(US) to switch jobs even if the new job is similar to the old and requires the same exact skill sets.
This report came after the US citizenship and Immigration Services (USCIS) has denied several applications by the new employer by citing that the new position does not constitute a ‘specialty occupation.’
Further,if the H-1B holders starts working elsewhere and the transfer is denied, the person could be out of status with a bar on entry into the US for three to ten years unless the old employer is willing to take back the worker.
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in occupations that require theoretical or technical expertise.
H-1B visas are granted to persons trained and employed in specialty occupations.Many of the ‘Requests for Evidence’ received by over 25% of H-1B petitions involve the question as to whether or not the position meets the criteria of a specialty occupation.
The Code of Federal Regulation says a specialty occupation requires theoretical and practical application of a highly specialized body of knowledge and attainment of a bachelor’s or higher degree in a specific specialty as a minimum for entry into the occupation. Examples include those professions involving science, technology, engineering and mathematics (STEM).
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