Chicago Immigration Attorney
H-1B Transfers
The H-1B visa is a nonimmigrant visa that allows U.S.-based employers to hire foreign professionals for specialized occupations. These roles often demand specific theoretical or technical knowledge, spanning fields such as information technology, engineering, medicine, finance, and academic research. For thousands of talented individuals, the H-1B visa serves as a gateway to working and thriving in the United States.
However, opportunities and circumstances can change, prompting the need to transfer an H-1B visa to a new employer. This process, called an “H-1B transfer,” requires careful planning and execution to ensure compliance with immigration laws. At Sverdloff Law Group, our team understands the complexities of H-1B transfers and is dedicated to helping individuals navigate this process smoothly. Here’s how the process works and why hiring experienced legal counsel is essential.
What Is an H-1B Transfer?
An H-1B transfer allows an individual already holding a valid H-1B visa to change employers without leaving the United States. Unlike new H-1B petitions subject to the annual visa cap, transfers generally fall outside the lottery system, enabling a smoother transition.
Steps to Transfer an H-1B Visa
- Eligibility Check:To transfer an H-1B visa, you must already hold valid H-1B status with a current employer. Additionally, the new job must meet the criteria for a “specialty occupation,” requiring at least a bachelor’s degree in a specific field.
- Job Offer from a New Employer: The transfer process starts when a new U.S.-based employer provides a formal job offer and agrees to sponsor your H-1B status.
- Filing an LCA: The new employer must file a Labor Condition Application (LCA) with the Department of Labor (DOL) to demonstrate compliance with wage and working condition requirements.
- Submitting Form I-129: The employer will then file Form I-129, the H-1B Petition for a Nonimmigrant Worker, along with supporting documentation to U.S. Citizenship and Immigration Services (USCIS).
- Start Work Immediately: Under the H-1B portability provisions, you can begin working for a new employer as soon as they file the H-1B petition and receive the receipt notice. There’s no need to wait for the formal approval of the petition, allowing for a seamless transition.
Required Documentation
For the employee:
- A job offer letter
- Passport and current H-1B visa
- Copies of prior Form I-797, I-94, and pay stubs
- Relevant education credentials (degree certificates)
For the employer:
- Evidence of financial stability
- Proof that the job qualifies as a specialty occupation
Common Challenges in H-1B Transfers
- Processing Times:
Standard processing may take several months, though premium processing can expedite the process to 15 days for an additional fee.
- Documentation Gaps:
Missing or incomplete documents can delay or jeopardize the process.
- Compliance Risks:
Employers must demonstrate a legitimate employer-employee relationship and adhere to prevailing wage requirements to avoid denials.
Why Hiring an Immigration Attorney is Crucial
The H-1B transfer process involves complex legal requirements and deadlines, making guidance essential. Here’s how the Sverdloff Law Group can help:
- Compliance:
Avoid costly errors by ensuring all requirements are met and deadlines are adhered to.
- Custom Strategy:
Tailored advice to suit your unique circumstances, increasing the likelihood of approval.
- Documentation Review:
A comprehensive review of all forms and supporting documentation to reduce risks effectively.
- Stress Relief:
Dedicated attorneys who handle all aspects of your case, giving you peace of mind during this critical transition.
Hiring an experienced immigration attorney provides you with a dedicated advocate to navigate every step of the process. They not only help you achieve your career ambitions but also ensure full compliance with U.S. immigration laws.
Take the Next Step with Sverdloff Law Group
If you’re considering transferring your H-1B visa, the stakes are high, but you don’t have to go through the process alone. Sverdloff Law Group is here to provide personalized legal services to help you make a successful transition. Reach out to us today and take a confident step forward in advancing your career.
Julia Sverdloff, Esq.
Attorney Julia Sverdloff is the founder and owner of Sverdloff Law Group in Chicago, Illinois. Our firm speaks Ukranian, Russian, Serbian, Croatian, Bosnian and Spanish.
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Very knowledgeable attorney. I had the chance to work with many attorneys last ten years. Julia was most knowledgeable and helpful. She got the job done right. Thank you. Read More
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Julia and her team were purely amazing throughout my adjustment of status process. I had one of the most difficult cases any lawyer can handle, and Julia was actually my 3rd lawyer in 12 years. I can't thank her enough for taking the time, and efforts to execute this task… Read More
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I’ve worked with Julia and her team on multiple cases, and every time the experience has been absolutely great. Julia is incredibly knowledgeable, professional, and supportive, honestly the best immigration attorney in Chicago. I came to them through a friend’s recommendation and have since recommended them to others. Everyone I… Read More
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Thank You and Appreciation I would like to express my sincere gratitude and appreciation to attorney Julia and her office for the wonderful experience I had with them. They assisted me with great professionalism and accuracy in all the legal procedures for obtaining my Green Card. The way this office… Read More
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I can't recommend Sverdloff Law Group enough. Julia and Chris helped us through every step of the immigration process. The entire staff is professional, courteous and quick to respond to all communications. I don't think I will ever be able to properly express my gratitude for everything they have done… Read More
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Julia and her legal team were exceptionally professional and helpful in resolving my husband's immigration issue. My husband received a NOID after his N-400 interview, and Julia helped us prepare our response to USCIS within the 30-day window. Julia acted promptly after our first consultation to provide us with a… Read More
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