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by abhiv 4658 days ago
This already exists as a practical matter. According to current rules (specifically, the AC21 act), H-1B workers can start working at a new employer as soon an H-1B transfer application is filed by their new company. There is no need to even wait for the application to be approved. Applications to transfer H-1B visa are not subject to the cap, so there isn't that issue either.

H-1B employees are currently quite mobile. I have many friends who've switched jobs repeatedly during their H-1B period because it's so easy to transfer the visa. I honestly don't know where this whole "indentured servitude" idea comes from.

The part of the system that's fubared is the green card process, which can stretch for up to 10 years if you're from India or China. During a part of that time (not the entire duration), you can't switch jobs unless you want the green card process to be restarted, which affects mobility. But that is not related to the H-1B, and the solution to that is to fix the green card process.

2 comments

Additionally not all H1B's are underpaid. I'm currently in the minority on the engineering team, being one of the few American citizens actually born in America. From discussions with my peers from India they don't make that much less than me. The cost of immigration is factored into their salary of course, but for the most part are on par with market wages.

But the company was also founded by immigrants so this may be an exception rather than the rule.

There is definitely an underbelly for software industry and we do not know how it function. For example I have a friend who has H1B but no job and is working for cash at a superstore for $40 a day.
Comprehensive immigration reform, at least the Senate bill, will implement green card sponsorship portability, which will fix this problem.

You're completely right that H-1B portability was implemented, which happened in 2008 with the America COMPETES Act.

The indentured servitude view is lingering, but it's also still unfortunately valid when it comes to the H-1B dual-intent EB-2/3 green card applications, as many try to follow that pathway.