Employee’s Guide to H-1B Transfers: What to Expect When Changing Employers

Changing jobs is a significant step in anyone’s career, but for H-1B visa holders, it involves an extra layer of complexity. An H-1B transfer, also known as H-1B portability, allows you to move to a new employer without re-entering the visa lottery. A clear grasp of this process is vital for a seamless and effective transition.

Here is a summary of what you need to know:

• Eligibility: You must have a valid H-1B status and a job offer from a new employer for a specialty occupation.
• The Process: Your new employer files a Form I-129 petition on your behalf. You can start working once USCIS receives the petition.
• Key Advantage: H-1B transfers are not subject to the annual visa cap or lottery.
• Potential Challenges: Delays can occur due to documentation gaps or Requests for Evidence (RFEs).

Sverdloff Law Group is here to guide you every step of the way in your H-1B transfer process. Our experienced legal team will ensure that all required documentation is properly prepared and submitted on time, avoiding any unnecessary delays. We understand the importance of timely employment authorization for individuals with job offers from new employers, and we provide top-notch services to help you achieve your immigration goals.

What is an H-1B Transfer and Am I Eligible?

An H-1B transfer is the process that allows a current H-1B visa holder to change employers. It’s not a new visa but a continuation of your existing status with a new sponsor. To be eligible, you must meet two primary conditions:

1. You were lawfully admitted into the U.S. in H-1B status.
2. Your new job offer qualifies as a “specialty occupation,” meaning it requires at least a bachelor’s degree in a specific field.

A common question we hear is, “Do I need to be currently employed to file for a transfer?” While you must have maintained your H-1B status, there is a grace period. If you lose your job, you generally have up to 60 days to find a new employer to file a transfer petition for you. This provision offers a crucial safety net for H-1B professionals.

How Does the H-1B Transfer Process Work?

The process is initiated by your new employer. Unlike a new H-1B petition, you don’t have to worry about the annual lottery.

Here are the essential steps:

1. Job Offer: You must first accept a formal job offer from a new U.S. employer willing to sponsor your H-1B transfer.
2. Labor Condition Application (LCA): Your new employer files an LCA with the Department of Labor, confirming that the job meets wage and working condition requirements.
3. Filing Form I-129: Once the LCA is certified, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. This packet includes your job offer, qualifications, and proof of your current H-1B status.
4. Start Your New Job: Thanks to H-1B portability rules, you can begin working for your new employer as soon as USCIS receives the I-129 petition. You don’t have to wait for the final approval, which provides valuable flexibility.

What documents will I need to provide?

Your new employer will need copies of your passport, current H-1B visa, recent pay stubs, I-94 record, and educational credentials. Keeping these documents organized will help expedite the process.

Potential Challenges and Timelines

While transfers are generally more straightforward than new applications, challenges can arise. USCIS may issue a Request for Evidence (RFE) if they need more information about the specialty nature of the job or your qualifications. Responding to an RFE promptly and thoroughly is critical to avoid denial.

Standard processing times can take several months. However, your employer can opt for premium processing for an additional fee, which guarantees a response from USCIS within 15 calendar days. This is an excellent option for those who need certainty and a quicker timeline.

A Partner for Your Career Journey

Changing employers while on an H-1B visa is a significant move that opens doors to new career opportunities. The process can feel complex, but with careful preparation and a clear understanding of the steps, you can navigate it with confidence. You don’t have to manage this journey alone.

At Sverdloff Law Group, we provide the guidance and support you need to ensure a seamless transition. If you are considering an H-1B transfer, contact us for a consultation. We are here to be your trusted immigration ally, every step of the way.