I think the freedom aspect is critical in any policy change. The 'freedom', or lack thereof, is tied to what the sponsoring employer controls - the green card process. I would propose something along the lines of:
1) If a person receives an H1-B he/she is free to work for anyone they want [Open Work Permit]. This kicks in immediately - no waiting period. On a job change the H1-B holder sends a job change notice to USCIS. This freedom applies for the duration of the H1-B which I think should be extended from 3 to 5 years.
COMBINED WITH:
2) Some process to migrate smoothly from H1-B to green card. Perhaps you get a green card if you can show employment in your field ("Information Technology" for example, rather than something title specific like 'software developer') for a total of 4 years. No additional job related procedures required - just the usual security and medical clearances.
Will a company sponsor someone on H1-B if the risk of the candidate changing jobs is high? Would they be better off hiring and training local candidates?
1.) Your H-1B isn't tied to your employer except during the application/renewal process. The rest of the time you're free to move around. However, every prospective employer will want to know about your visa status, and that new employer will have to work on your H-1B renewal. You're at the same negotiating disadvantage, because you only really compete with other H-1B holders.
2.) There already exist smooth processes to move from an H-1B to a green card. Unfortunately, that's usually tied to your employer. Changing jobs may restart the clock on you.
Re point #1) this is definitely new. This was NOT the case during the first bubble in 2000/2001, when H1B holders were forbidden to solicit new employment. Slavery was alive and well then.
Also, contrary to popular belief, there is NO grace period after losing ones job. If you are on an H1B, you have to find another H1B job and file for a change or extension while 'IN STATUS', or at least have the new employer apply for a temporary I-129 work permit().
Note: Some say the explosion of outsourcing to India after the first bubble was actually a result of hordes of South Asians, familiar with the US business climate, who were fired and sent back to India, resulting in a humongous braindrain.
>... except during the application/renewal process.... new employer will have to work on your H-1B renewal.
>... Unfortunately, that's usually tied to your employer... restart the clock on you.
[I am picking some of the still occurring pain points in your statements]
It is for these reasons (and a few others) that I am advocating BOTH steps. I want to get control out of the employer and into the employees hand and also reduce the burden on the new employer.
1) Use an 'open work permit' - your permit is not tied to any employer. The permit has a date range (5 yr) during which it is valid for any employer without any additional burden on the new employer.
2) Remove the concept of a 're-startable clock' and multiple labor certs - those create burdens to job mobility. Lets whittle it down to experience gained while in H-1B status regardless of employer. Or some other metric that cannot be reset on employer change.
With apologies for repetition from my earlier post.
1) If a person receives an H1-B he/she is free to work for anyone they want [Open Work Permit]. This kicks in immediately - no waiting period. On a job change the H1-B holder sends a job change notice to USCIS. This freedom applies for the duration of the H1-B which I think should be extended from 3 to 5 years.
2) Some process to migrate smoothly from H1-B to green card. Perhaps you get a green card if you can show employment in your field ("Information Technology" for example, rather than something title specific like 'software developer') for a total of 4 years. No additional job related procedures required - just the usual security and medical clearances.Will a company sponsor someone on H1-B if the risk of the candidate changing jobs is high? Would they be better off hiring and training local candidates?