- 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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