The H1B visa program is a popular work visa that allows U.S. employers to hire foreign workers for specialty occupations. If you're currently working in the U.S. on an H1B visa and are looking to change employers, understanding the H1B transfer process is essential. In this blog, we’ll walk you through what you need to know about transferring your H1B visa to a new employer.
What is an H1B Transfer?
An H1B transfer refers to the process of transferring your existing H1B visa status from one employer to another. The good news is that you don’t need to wait until your current visa expires to begin this process. As long as you're in the U.S. on a valid H1B visa, you can initiate a transfer at any time.
Unlike the initial H1B application process, where employers must submit an H1B petition during the annual lottery, the transfer process is not subject to the lottery system. This means that if you're already on an H1B, your new employer can directly file for your transfer, provided they meet all the requirements.
Requirements for an H1B Transfer
Valid H1B Status
You must be in valid H1B status at the time of filing the transfer petition. This means your current H1B visa must not be expired, and you should not have violated any visa conditions.
Job Offer from a New Employer
It is essential to have a confirmed job offer from a U.S. employer. The new employer must agree to submit an H1B petition for you.
Employer Sponsorship and Filing of I-129
The new employer must file Form I-129 (Petition for a Non-immigrant Worker) with USCIS, including details of the job role, salary, and work location.
Approved Labor Condition Application (LCA)
The employer is required to secure an authorized Labor Condition Application (LCA) from the Department of Labor (DOL) prior to submitting the H1B petition. This ensures compliance with prevailing wage requirements and fair working conditions.
Receipt Notice from USCIS
After USCIS provides a receipt notice, you are allowed to begin working for the new employer as per the portability rule. However, it is recommended to wait for full approval before making any major employment changes.
Maintaining Continuity of Employment
To avoid employment gaps, you should ensure that the transfer petition is filed before leaving your current job.
Employer’s Financial Stability
The new employer should be financially stable and capable of paying the required H1B wages, as USCIS may request financial documents to assess the employer’s ability to provide continuous employment.
How to apply for H1B Transfer
Secure a Job Offer Get a job offer from a new employer willing to sponsor your transfer.
Obtain LCA Approval: The new employer files an LCA with the DOL to confirm compliance with wage requirements.
File Form I-129: The employer submits Form I-129 with supporting documents to USCIS.
Start Working (Portability Rule): You may start working for the new employer once USCIS issues a receipt notice.
Receive USCIS Decision: If the petition is approved, you receive an I-797 Approval Notice.
Transferring your H1B visa to a new employer can be a seamless process when you understand the requirements and follow the correct procedures. With careful planning, you can continue your career in the U.S. without significant disruptions. Always ensure that your new employer is well-informed about the H1B transfer process and consult an immigration attorney to ensure your transfer goes smoothly.