H-1B visa holders in the US are finding it tough to switch jobs even after the job matches their skill sets and experience. The United States Citizenship and Immigration Services (USCIS, has denied the application by the new employers on various occasions. The common reasons given for a rejection is that the new position does not have a ‘specialty occupation’.
The biggest predicament here for job seekers is that they can find themselves ‘out of status’ with an entry bar in the US for three to ten years. Indians who wait long for their green card tend to switch jobs, which is also considered vital. As per the rules, the new employer must file an H1-B petition all over again for the immigrant worker and should seek and the extension of the visa.
As per experts, in case a visa gets denied, there are three possible choices available for the candidate – refilling the rejected case and hope for a better outcome, or filing a lawsuit or an appeal. The latter oons are not advised and are often time consuming.