H-1B Visa Holders to Get Barred from Entering United States on Changing JobApril 29, 2019 11:11
(Image source from: Routes to finance)
The United States government has issued a new stringent rule for H-1B holders seemingly giving a fresh obstacle for visa holders who moves to a new job in the nation.
According to new rules, job-hopping could now lead to their immediate exit from the nation, along with a three to ten years bar on entering the United States. The visa programme beneficiary will be declared as "out of status" by the United States Citizenship and Immigration Services (USCIS), which calls for their immediate ouster without any grace period.
The USCIS will approve the H-1B visa holder's posting at the new job, only if his designation constitutes a "specialty occupation". In the absence of this, the new employment, though requiring the same set of skills as necessitated in the previous job, will be disapproved by the Immigration Services department.
Usha Sagarwala is among the early victims of the new norm, with her new job being disapproved by the USCIS as the designation did not require a "specialty occupation". In spite of staying and working in the United States since 2012, she has been asked to leave after being declared as "out of status". Her application challenging the Immigration department's decision has been turned down by the U.S. Federal Court.
Immigration experts claim that one way to avoid the "out of status" tag is to ask the new employer to file for a fresh H1B visa petition for the employee.
Experts have also pointed out that the USCIS should be petitioned before changing the job, to know whether the new employment would be approved. The Immigration Services department replies in around 15 days to the query.
By Sowmya Sangam