4 ms·
> Unfortunately, there is a class of people that work in tech that will bear the brunt of the ensuing corporate abuse: H-1B visa employees, whose immigration st
by pcl 3y ago
> Unfortunately, there is a class of people that work in tech that will bear the brunt of the ensuing corporate abuse: H-1B visa employees, whose immigration status is predicated on their ongoing employment. Their ability to hop from abusive companies onto lifeboats is, on the best of days, limited.
This comes up a lot around here in discussions about uncomfortable employer decisions.
The H-1B visa is certainly restrictive, but it is by no means the indentured-servitude visa that people make it out to be.
I’ve hired a fantastic employee who was at the time in the US on an H-1B visa. The process was straightforward. I was at a small startup at the time, so we didn’t have a big hiring team to lean on or anything. There was some friction — we needed to do more paperwork, and that pushed things out by maybe a week or two. And we had to pay lawyers and some filing fees — perhaps $10-15k. Which isn’t nothing, but also is fine if you get a great employee out of the deal.
My understanding of the H-1B visa is that it requires that the visa holder maintains a job matching there description that the visa was issued for, and in the case of a job loss, the visa holder has a (painfully short) 6 weeks to find new employment. So, stressful for sure, but workable, especially with a little planning, as this article suggested in any case.
The L-1, in contrast is (mostly) non-transferable, and the limited transfer options require the original employer to initiate.
I bring this up not to dismiss the stress imposed by the 6-week H-1B unemployment scramble, but rather to remind everyone here (employers and employees alike) that H-1B status doesn’t impose all that much of a hurdle. If you are in the US on one, don’t hold back from applying for new jobs! If you’re hiring, don’t be afraid if you see that a candidate is in the US on a H-1B!