2816 E. Robinson Street | Orlando, Florida 32803
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Law Office of Maud Poudat, P.A.

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Florida Board Certified in Immigration & Nationality Law. Dedicated & Professional Immigration Legal Services Solutions.

The U.S. immigration process is legal oriented and thus is best handled by an experienced immigration lawyer who can guide you through this cumbersome and sometimes unpredictable process. Certainly, finding an experienced immigration attorney who can provide you with competent, professional,…

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Immigration Blog Post

You Can Take It With You: Visa Portability Opens Doors for Skilled Professionals and Potential Employers

According to the U.S. Department of State, close to 800,000 skilled professionals have entered the United States with H-1B visas over the course of the last six years. Based on their specialized skills and education, the U.S. permits H-1B workers and their families to live and work in the U.S. for a set period. Since this classification was created to fill the labor needs of U.S. companies, the privileges associated with this status are specific to the employer that sponsors the H-1B worker. While the demand for H-1B workers remains at an all-time high, the U.S. government caps the number of H-1B visas that are granted each year.

Employment-based Visas Should not be a Trap

For most workers and employers, the H-1B program is a perfect fit. U.S. employers benefit from the international talent pool and foreign nationals are able to advance their careers in the American economy. In certain instances, however, H-1B holders face unexpected challenges that make employment with their sponsor less than optimal. Other times, H-1B holders may encounter opportunities that are more attractive while they are tied to their current H-1B sponsor. Similarly, employers who want to hire highly skilled foreign workers may be prevented from hiring those who would be eligible for H-1B status but for the cap on the number of these visas.

Freedom of Movement for H-1B Visa Holders

Fortunately, H-1B holders are not trapped at their sponsor-employer, nor or are non-sponsor employers completely barred from hiring H-1Bs, even when the annual quota has been filled. Thanks to the portability provision provided by the American Competitiveness in the Twenty-First Century Act, foreign workers may take their H-1B status with them should they choose to work for a new employer. This allows U.S. employers to hire the employees they need, and H-1B workers to seek optimal employment. Specifically, portability permits the following foreign nationals to work for a new sponsor employer:

  • Current H-1B holders
  • Former (last status was H-1B) holders during a period of authorized stay, even if they are not currently in H-1B status

While portability may open doors for current and former H-1B holders in the U.S. and for the American employers seeking to hire them, a highly skilled attorney is often necessary to meet the government’s requirements. If you are a current or former H-1B holder, or an employer seeking to hire such a person, the Law Office of Maud Poudat, P.A. is a one-stop source for all your immigration-related needs.

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Law Office of Maud Poudat, P.A.
2816 E. Robinson Street
Orlando, Florida, 32803 USA
407-501-4163