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If that is the case isn't the simple solution to eliminate the mechanisms that allow employers to threaten the employees instead of increasing the burden on the

• nrmitchi 6y ago
  Yes, exactly. That was the point that I made at the very top of this thread.
• labcomputer 6y ago
  It is. But people will make the (disingenuous) argument that you can transfer the H-1B to another employer... The reason it's a disingenuous argument is that the H-1B is not technically transferred: The new employer is actually filing a new H-1B petition, which, yes, is not subject to the lottery. And the employee can start working while the petition is pending. But here's the thing: Even though the new petition is very likely to approved, it's not automatically approved and there's no guarantee that it will be. Particularly if the new job doesn't use the skills that make the employee special. It also adds uncertainty to the job hunting process. And, if the current employer finds out that they're looking, they could be fired... which technically makes the ex-employee immediately eligible for deportation... which means there's no counter-offers.