H1Bs Can Change Fields
Posted Jun 08, 2007
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A question that often arises among MurthyDotCom and MurthyBulletin readers involves a person in H1B status who wishes to change to a field of employment that is different from the field of his or her current H1B job. Such an individual often thinks that there has to be a similarity between the current H1B job and the prospective H1B position. To clarify for our readers; this is not true. There is no limitation on a change in fields in an H1B. One is in no way "locked in" to the type of job held in the current H1B as long as s/he he has the degree required for the new job or position.
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Fact Pattern Commonly Encountered with H1Bs
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Question : I am on an H1B. I have a bachelor's degree in computer science and a master's degree in mechanical engineering. My current H1B job is a computer programming position. I have an opportunity to change to an engineering position. Can I do this? Does it matter that the job descriptions for my current job and my new job are different? Will I need a cap number to change to a different type of job? I thought there was a requirement that the jobs be the same or similar.
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Answer : It is NOT necessary for the new H1B job to be similar to the current H1B job in any fashion. What is necessary is for both jobs to meet the general H1B requirements for a specialty occupation. That is, the positions must require the minimum of a bachelor's degree in a field of specialized knowledge. Of course, the foreign national beneficiary must possess the required degree or its equivalent.
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Potential for New Type of Job
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Thus, since many people have multiple degrees, they could potentially qualify for multiple types of H1B jobs. Additionally, many who have degrees in math, engineering, physics, and other technical areas have extensive experience in information technology (IT) and work within that area. They often qualify for IT-related H1B positions. They could, however, also potentially qualify for positions that more directly match their degree fields.
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There is no need for the jobs to be in the same or similar job category. The same or similar requirement is a concept used in green card cases when an individual is changing jobs under AC21 portability. It does not relate to H1B eligibility.
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No Cap Number Needed
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The change in fields does not impact the need for an H1B cap number. Moving from cap-subject H1B employment to another cap-subject employer does not require another cap number since the person was counted before against the regular or U.S. advanced-degree quota.
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Conclusion
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The misconception that H1B holders cannot change fields, or that they need a cap number to do so has led some to think they cannot change their employment. This is not correct, as explained for the benefit of MurthyDotCom and MurthyBulletin readers. It is our goal to clarify matters that cause confusion for many as they traverse the landscape of U.S. immigration law.