H-1B workers are changing jobs at record rate in US: report

H-1B visa holders are changing jobs in the United States, with record numbers expected in 2022. Several factors are behind this trend, including policy change and a growing pool of H-1B workers.

A study conducted by David J. Beer, director of immigration studies at the Cato Institute, found that H-1B workers changed jobs more than 1 million times (1,090,890) between 2005 and 2023. The Cato Institute is a Washington DC-based think tank.

Job switching is on the rise, with the number of switches increasing from about 24,000 in 2005 to a record 130,576 in 2022, a five-fold increase.

There was a slight decline in 2023 with 117,153 worker switches.

“H‒1B job changes are more common than H‒1B workers starting H‒1B employment for the first time. In 2023, about 61% of all H‒1B workers starting with a new employer were current H‒. 1B workers combined are kept away from other employers in the state This means that US employers are more likely to hire an H‒1B worker already in the United States than a new H‒ Will hire 1B. According to David J. Beer, the worker is not already with H 1B status.

Why the increase in job changes?

Beer attributed the change in jobs for H-1B workers to several factors.

A tighter labor market in general has led to greater worker mobility across industries.

Additionally, the number of H-1B workers in the US has increased, creating a larger pool of talent for companies to hire.

Since the H-1B visa cap has been reached faster each year since 2014, employers are more likely to target H-1B workers already authorized to work in the US, known as ‘poaching’ talent from competitors. .

A policy change in 2017 that extended the 60-day grace period for H-1B workers to find a new job after losing their current job is also seen as a contributing factor.

Finally, an increase in green card applications in 2021 may also play a role.

After filing a green card application, H-1B workers have more freedom to change jobs without requiring their employer to restart the green card process.

However, the number of green card applications pending in 2022 declined, suggesting that this is only one part of the puzzle.

Despite increased mobility, Beer highlights ongoing challenges for H-1B workers.

New employers who hire H-1B workers from other companies face hefty fees, and a backlog of green cards, especially for Indian workers, pressures them to stay with the initial sponsoring employer. can make

Beer suggested that one solution could be to automatically convert H-1B status to a green card after a certain period of time, rather than requiring renewal.

He also points out that the current 60-day grace period to find a new job after losing employment may not be enough time for some workers to feel comfortable leaving a difficult situation.

Despite these government-imposed barriers, the fact that many H-1B workers change jobs indicates that they are not the same as ‘distributed’ workers.

According to the Pew Research Center, about 2.1% of college graduates changed jobs monthly in 2022.

With about 580,000 H-1B workers, more than 117,000 jobs change in 2023, suggesting a monthly job change rate of 1.7% — lower than college graduates, but far from the “indentured servitude” claims.

What is an H-1B visa transfer?

An H-1B transfer allows you to change employers while working in the United States. To do so, the new employer needs to file an H-1B visa transfer request with USCIS. Normally, the transfer process takes four to 10 months, but with Premium Processing, it can be done in as little as 2 weeks, according to US Immigration.

How to transfer an H-1B visa status in 2024

In 2024, transferring to an H-1B visa status involves several steps for both new employers and visa holders.

Initially, the employer must submit a Labor Condition Application (LCA) outlining the conditions of the position.

After approval of the LCA, they can begin the transfer process by filing a petition for I-129, a nonimmigrant worker, before the current employment period ends.

In addition, H-1B transfer fees must be paid as required. Both the employer and the visa holder must compile and submit specific documents required by the United States Citizenship and Immigration Services (USCIS).

If the visa holder has stopped working for the original employer prior to the transfer, the employer must file for premium processing.

Although the visa holder may begin working for the new employer upon receipt of USCIS’s acknowledgment, it is advisable to wait for USCIS’s approval before making the change official.

H-1B Transfer Process: Fees

When considering an H-1B transfer, it is important to understand the associated fees.

The fees for an H-1B transfer mirror the fees for filing a standard H-1B petition.

This The initial filing fee for the I-129 form is includedThat’s $460 for small employers and nonprofits, and $780 for large companies.

In addition, there is a fraud prevention and detection fee of $500, although this does not apply to H-1B extensions.

ACWIA training fees depend on employer size, with $750 for fewer than 25 employees and $1,500 for 25 or more employees.

Another fee, Public Law 114-113, is set at $4,000 and applies only if the employer has more than 50 employees, more than half of whom hold H-1B or L-1 status.

A shelter program fee is also required, $600 for employers with 26 or more full-time employees, $300 for small employers, and waived for nonprofits.

Additionally, opting for Premium Processing costs an additional $2,805. Attorney fees for guidance through the process may vary.