Changing jobs while on an H-1B visa can feel stressful, especially if you are worried about keeping your legal status, starting your new job on time, or understanding the steps involved. You might have questions like:
If you are looking for better career growth, a healthier work environment, or a higher salary, transferring your H-1B visa to a new employer is an option worth considering. The process may sound complicated, but with the right information, it can be completed smoothly.
In this guide, we will explain the H-1B transfer process, including the fees, timelines, and important details about changing employers. Our goal is to help you understand every step clearly so you can confidently focus on your next opportunity.
Transferring your H-1B visa to a new employer involves several key steps:
Now, we will take a look at the H-1B visa transfer documents necessary for the process.
Transferring your H-1B visa to a new employer requires submitting specific documents to the U.S. Citizenship and Immigration Services (USCIS). Both you and your prospective employer must provide the necessary documentation to ensure a smooth transfer process.
Documents Required from the Employee:
Documents Required from the Employer:
Ensuring all documents are accurate and complete is crucial to avoid processing delays. Consulting with an immigration attorney can provide personalized guidance tailored to your specific situation.
Next, let us take a look at the steps involved in the H-1B visa transfer process.
Here are the steps for the H-1B visa transfer process that you should know -
The first step in the H-1B visa transfer process is to secure a valid job offer from a new employer. The new employer must be willing to file an H-1B change of employer petition on your behalf and take responsibility for complying with all visa requirements.
This includes paying you the required wage and ensuring you meet the terms and conditions of employment. You should discuss the job role, salary, and benefits to ensure they align with your career goals and visa requirements. Once the offer is confirmed, the new employer can begin the transfer process.
The new employer must first submit a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL). This document ensures you will be paid at least the prevailing wage for your job location.
It also certifies that hiring you will not negatively impact the working conditions of U.S. employees. The LCA includes details like your job title, salary, and work location. It typically takes 7 business days for the DOL to process and approve the LCA, and this step must be completed before proceeding further.
Once the DOL approves the LCA, the new employer files Form I-129 with USCIS. The employer submits the petition with supporting documents, including the approved LCA, your H-1B approval notice, and recent pay stubs.
If you plan to start working quickly, the new employer can also request Premium Processing to speed up USCIS’s decision time.
Under the H-1B portability rules established by the American Competitiveness in the Twenty-First Century Act (AC21), you can start working for the new employer as soon as USCIS receives the petition. You are not required to wait for the petition to be approved, provided you are in valid H-1B status at the time of filing.
This portability rule allows for a seamless transition between employers and helps avoid employment gaps. Make sure that you have proof of filing, such as the physical USCIS receipt notice, to properly complete the I-9 process before starting your new job
After the petition is submitted, USCIS will begin processing your H-1B transfer request. There are two processing options: Regular Processing and Premium Processing. With Regular Processing, it can take 2 to 6 months for USCIS to make a decision, depending on the service center handling your case.
For faster results, the employer can opt for Premium Processing by paying a $2,805 fee, which guarantees a decision within 15 business days. During this time, USCIS may approve the petition, request additional evidence (RFE), or, in rare cases, issue a Notice of Intent to Deny (NOID) before making a final decision. It’s important to respond promptly to any RFE to avoid delays. It’s important to respond promptly to any RFE to avoid delays.
After approving the petition, USCIS issues a new I-797 approval notice. This document will include your new approval dates and serve as proof of your ability to work legally in the United States.
If you are planning to travel outside the U.S., you may need to get a new H-1B visa stamp at a U.S. consulate before re-entering the country. It is important to keep copies of your I-797 approval notice, LCA, and other related documents for future reference.
Now that we know the steps, let's learn about the transfer processing time.
The processing time for an H-1B visa transfer depends on the method chosen and several other factors, including the USCIS service center handling your petition and whether additional evidence is requested. Below is a detailed breakdown:
With regular processing, the H-1B transfer typically takes 2 to 6 months. The exact time frame depends on the workload at the USCIS service center where your petition is filed. During this time, USCIS reviews the submitted Form I-129 and supporting documents, such as the approved Labor Condition Application (LCA) and proof of your valid H-1B status. If all documents are in order, USCIS will approve the petition.
In some cases, delays can occur if USCIS issues a Request for Evidence (RFE), which requires additional documentation to clarify or supplement the petition. You must respond promptly to an RFE to avoid further processing delays.
Premium processing is an optional service that allows you to expedite the H-1B transfer process.
Under premium processing, USCIS will:
If an RFE is issued, the 15 business day clock resets once USCIS receives your response. Premium processing is particularly helpful for those who need to start their new job quickly or have urgent travel plans that require an approved petition.
In the next section, we will take a look at the H-1B transfer costs in detail.
Transferring your H-1B visa to a new employer involves several fees, typically the sponsoring employer's responsibility. Here's a breakdown of the associated costs:
It's important to note that the H-1B transfer process is not subject to the annual H-1B cap, as the beneficiary has already been counted against the cap with the initial H-1B petition.
Additionally, while the employee can begin working for the new employer upon USCIS's receipt of the transfer petition, waiting for approval is advisable to ensure compliance and avoid potential complications.
In the next section, we will look at the reasons for H-1B transfer denial.
Transferring your H-1B visa to a new employer is a common process, but not without potential challenges. Understanding the common reasons for H-1B transfer denials can help you manage the process more effectively. Here are some typical factors that may lead to a denial:
To minimize the risk of denial, ensure that both the employer and employee meet all eligibility requirements, provide thorough and accurate documentation, and adhere to USCIS guidelines throughout the H-1B transfer process.
Consulting with an experienced immigration attorney like those from Alma can also help handle pitfalls and improve the likelihood of a successful transfer. Let us see how they can help with H-1B visa transfer.
Alma offers a streamlined, expert-driven process by assisting with an H-1B visa transfer.
Here’s how:
Alma starts with a simple assessment quiz to understand your current visa status, employment details, and eligibility for an H-1B transfer. Our team evaluates your case to ensure you meet all USCIS requirements.
Through partnerships with experienced immigration attorneys, Alma provides personalized guidance. During the consultation, you’ll discuss the best strategy for transferring your H-1B visa to a new employer.
Alma helps compile and review all necessary documents, including your new employer's Labor Condition Application (LCA) and supporting materials for your visa transfer petition. We make sure that all forms are accurately completed and comply with USCIS standards.
Alma’s digital platform manages your visa application efficiently. It provides real-time updates on the application status and a secure portal for uploading and tracking documents.
The team meticulously prepares your case, addressing any potential issues before submission. Alma handles filing your application with USCIS on behalf of your employer, ensuring that all deadlines and requirements are met.
Alma provides continuous updates and support throughout the process. We assist with any requests for evidence (RFEs) or additional inquiries from USCIS, if needed.
The H-1B visa transfer process can open doors to better career opportunities but requires careful preparation and compliance with USCIS regulations. Understanding the steps, costs, and reasons for potential denial can ensure a smoother transition to your new employer. Providing complete and accurate documentation, meeting specialty occupation requirements, and staying within legal timelines are key to avoiding delays or complications.
The H-1B visa transfer process can be complicated, but you don’t have to go through it alone. Alma simplifies each step, from eligibility evaluation to preparing a strong petition. Alma makes the process smoother and more efficient.
Get started with Alma! Let us be your partner on the path to immigration success!
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