H1B visa transfer

H1B Visa Transfer

This article discusses important questions about H1B visa transfer, a process that allows you to switch employers while retaining your H-1B status.

The H-1B visa is a nonimmigrant visa category that allows foreign workers to work in the United States in specialty occupations. H-1B visas are for specialty workers and fashion models. The visa is granted for 3 years, with extensions possible up to a maximum of 6 years (some exceptions apply).

But what if you already have an H-1B visa and want to explore new job opportunities and change employers? With an H1B visa transfer you can switch to a new employer, maintain your H1B status and continue working through the H1B transfer process.

Here, we provide a comprehensive overview of the H-1B transfer process, highlighting its advantages, eligibility requirements and processing times.

1. What is H1B visa transfer?

An H1B visa transfer also known as H1B portability allows an H1B visa holder selected in an H1B lottery to transfer their H1B to another employer. This means that the H1B visa holder can find a new job and transfer to a new employer without another lottery process.

2. Who is eligible for H1B transfer?

If you have already been selected in the H-1B lottery, you are generally eligible to transfer your H1B visa to a new employer while maintaining your status.

However, an H-1B visa holder working on a cap-exempt H-1B is not allowed to transfer the H-1B to a cap subject employer. If your current H-1B is cap-exempt (universities, research institutions), transferring to a cap-subject employer (for-profit companies) usually requires a new H-1B petition with lottery participation. Essentially, because you were not counted against the cap initially, you are not eligible for H1B transfer to a cap-subject employer unless you go through the lottery again.

3. Transfer requirements

To be eligible for an H1B visa transfer, you must meet the following requirements:

  • Initial H-1B Selection: You must have been previously selected in the H-1B lottery. This establishes your eligibility to transfer.
  • New Job Offer: You must have a new job offer from a US employer willing to hire you and sponsor your transfer. The new employer must file the necessary petitions with the DOL and USCIS on your behalf.
  • Valid H-1B Status: Your current H-1B status must be valid and not maxed out on its duration (typically six years).
  • Specialty Occupation: The new job must still qualify as a specialty occupation, requiring a bachelor’s or higher degree (or foreign equivalent).
  • Employer Requirements: The new employer must meet the specific requirements for the H-1B visa category, including offering a wage that meets the prevailing wage for the occupation in the area.
  • Employee Requirements: You must meet the minimum qualifications for the new job, including possessing a bachelor’s degree or higher. If the transfer job requires a license, you must hold the required state license, registration, or certification that allows you to work in that field without any restrictions.
  • Cap Considerations: Please note individuals on cap-exempt H-1Bs (universities, research institutions) cannot transfer to a cap-subject employer (for-profit companies) without lottery participation and a new H1B petition.

4. Steps for H1B visa transfer process

  • Step 1: Prepare and Submit the Labor Condition Application (LCA): New employers must submit a complete LCA to the US. Department of Labor (DOL). DOL typically processes it within seven business days. An LCA is valid for up to three years and is crucial for H-1B approval. Mistakes on the LCA can cause delays or rejections.
  • Step 2: File Form I-129 for H-1B Transfer: Once the LCA is approved, the new employer can file Form I-129, Petition for Nonimmigrant Worker, with USCIS to request the H-1B transfer for the new employee. This petition includes the certified LCA and all the necessary documentation to prove the new employee and the job offered meet the H-1B eligibility criteria.
  • Step 3: USCIS approval: If your transfer is approved, USCIS sends an I-797C Notice of Action, confirming the transfer has been successful.

5. H1B transfer timeline: How long does H1B transfer take?

You can transfer H1B immediately after approval.

The H-1B transfer process can vary significantly in timeframe, ranging from one to six months. Here’s a breakdown of the H-1B transfer timeline:

  • Determine eligibility to transfer (1-3 days). Both the new employer and employee must meet the H1B eligibility criteria to effectuate the change of employment.
  • Preparation and Filing (1-2 weeks). Gather necessary documents such as proof of current H-1B status, educational credentials, job offer letter, LCA and others. The new employer files Form I-129 Petition for Nonimmigrant Worker with USCIS.
  • USCIS Processing Time (15 days to 4 months). USCIS processing time varies. Standard processing can take anywhere from 2 to 4 months, or even longer. For an additional fee, USCIS offers premium processing with a response within 15 days.
  • Visa Renewal (if applicable). If your current H-1B visa is about to expire while transferring employers, factor in additional processing time to obtain a new visa at a US consulate or embassy abroad.

6. H1B transfer premium processing

Even if you initially did not apply for H-1B transfer with premium processing, you can still upgrade your H-1B visa petition to premium processing and obtain an answer in 15 days. To do that, you must file Form I-907 Request for Premium Processing Service with the required filing fee with USCIS.

The H1B premium processing fee is $2,805.

7. H1B visa transfer processing time

H1B transfer processing time is anywhere from 15 days days to 4 months or more depending on whether you submit your H1B change of employer petition with premium processing or not.

The processing time for H1B filed via regular processing is 4 to 6 months.

The processing time for H1B transfer filed via premium processing is 15 days.

Keep in mind that you can upgrade an H1B transfer to premium processing at any time by submitting a request for premium processing with USCIS together with required filing fee.  

To learn more, visit H1B transfer success stories and Travel During H1B Transfer.

8. H1B transfer status and working

H-1B employees can change employers and transfer their H-1B status to a new employer if they have not worked without authorization since their last entry in the U.S.

If you cease employment with your current employer, you have up to 60 calendar days grace period to transfer your H-1B to a new employer.

During the H-1B transfer process, you have the flexibility to either:

  • Begin work with your new employer, or
  • Continue working with your current employer.

Start working with new employer

You can begin work for the new employer while the H1B transfer petition is pending but only after USCIS receives the H1B petition. You receive Form I-797C, Notice of Action which acknowledges receipt of the petition by USCIS.

If the petition is approved, you can continue working for the new employer. If the petition is denied, you must stop working and potentially leave the United States.

Continue working with current employer

You can also continue working for your current employer while your H1B transfer is pending. In that case, if the H1B transfer is approved, you can start working for the new employer as indicated on the USCIS approval notice. If the petition is denied, you can continue working for your current employer.

9. H1B transfer cost

Small

Employer

Employer with 25 or fewer full-time employees.

  • $460 USCIS I-129 fee
  • $500 Fraud fee
  • $750 ACWIA fee
  • $300 Asylum fee
  • $2,805 USCIS Premium processing (optional)

$2,010 (Standard)
$4,815 (Premium Processing)

Regular

Employer

Employer with more than 25 full-time employees.

  • $780 USCIS I-129 fee
  • $500 Fraud fee
  • $1,500 ACWIA fee
  • $600 Asylum fee
  • $2,805 USCIS Premium processing (optional)

$3,380 (Standard)
$6,185 (Premium Processing)

Nonprofit

USCIS fee for Nonprofit entities.

  • $460 USCIS I-129 fee
  • $500 Fraud fee
  • $0 ACWIA fee
  • $0 Asylum fee
  • $2,805 USCIS Premium processing (optional)

$960 (Standard)
$3,765 (Premium Processing)

10. H1B transfer documents

Successfully transferring your H-1B visa to a new employer requires submitting the necessary documentation to USCIS, including:

  • Form I-129 Petition for Nonimmigrant Worker
  • Certified Labor Condition Application (LCA)
  • Form I-907 (Optional)
  • Copy of your Passport
  • Copy of your I-94 (if applicable)
  • Evidence you maintained valid H-1B status
  • Evidence proving the new job is a specialty occupation
  • Educational credentials (degrees, transcripts, experience verification letters)
  • Job offer or employment contract
  • Evidence of the employer’s business operations

Malescu Law can assist

The H1B transfer process can be complex, and consulting with an immigration attorney specializing in H-1B transfers is highly recommended, especially for startups less familiar with the regulations.

If you are an employer, seeking to transfer your employee’s H-1B, contact our H1B visa lawyers in Miami, Florida USA to schedule an appointment.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Legal Notice: The information provided in this article constitutes the author’s conclusions and opinions developed in the author’s capacity as a Board Certified attorney, licensed in the State of Florida. The author and this website expressly prohibit the use of this material, including any of our audio, video, chat, images, text or other information provided to train any artificial intelligence (AI) models or to be used or transmitted by such AI models in any form without the prior written permission of the author.

Malescu Law P.A. – Business & Immigration Lawyers

 

Contact Us

Contact Form Demo
Scroll to Top
Call Now Button