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H-1B Transfers

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

  1. 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.
  2. 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.
  3. 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.
  4. 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).
  5. 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.

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Let Us Help You Accomplish Yours.

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