H-1B Visa Transfer Attorney

People who have an H-1B visa status have the ability to transfer to another employer. When transferring to a new employer, the individual will need to follow all contractual agreements with their former employer, but they do not need permission to make the transfer to a new employer. The individual wishing to make the transfer to a new employer will need to have the new employer submit an H-1B visa transfer petition with the USCIS. If the employee submits the application instead of having the employer submit the application, then the application will most likely be denied.

What is the H1B Transfer Process?

H-1B visa holders have the ability to change employers while in the US. The process they must follow is called the H-1B Transfer process. The H-1B visa holder first must accept the new job offer. The transfer process is very similar to the initial H-1B visa process. The main difference between the two is that the transfer process has no limit to how many people can apply for a transfer. Below is the process for transferring employers for H-1B visa holders.

Obtain New Employment Offer: For an employee to start the H-1B transfer process, the employee will need to have an official offer letter from the new employer.

Employer will need to obtain a Labor Condition Application (LCA) from the Department of Labor (DOL): In order for the employer to hire a foreign employee, they need to obtain an LCA certification. Employers can get this certificate from the U.S. Department of Labor. The certification guarantees that employees will be treated fairly and will have a good work environment.

Employer will need to file the I-129 form with USCIS: The I-129 form is for the Employer to get permission to hire foreign workers. The USCIS will either approve or deny this petition after they go through their process. In the meantime, the USCIS will send a receipt number to the employer and the employee can begin working for the employer while the petition is processed. If the petition is denied at any point, then the employee will need to stop working for the employer immediately.

Employer needs to pay the relevant fees: The employer will need to make sure they are prepared to cover the fees for an H-1B transfer. These fees include:

  • I-129 filing fees
  • The ACWIA Fee
  • Fraud Prevention & Detection Fee
  • The Public Law Fee
  • Premium Processing Fee (If needed)

The employee or the applicant has to submit these documents to USCIS: The following documents will be needed from the employee:

  • A copy of the offer letter from employer
  • A copy of passport
  • A copy of current H1B visa
  • A copy of Form I-797
  • A copy of Form I-94
  • A copy of social security card
  • A copy of qualifications
  • Recent pay stubs (2 or 3 previous pay stubs)
  • A copy of tax returns
  • An updated resume

Contact Malone Immigration Law Led By Brian C. Malone.

Our Immigration team is dedicated to helping and representing you. The first step in this process is for us to understand your particular case. Our goal is to take the time needed to understand your situation inside and out so that we can put you in the best position possible. After your free consultation, you will have a better understanding of the next steps you need to take to successfully complete an H-1B visa transfer for yourself or an employee.

We provide a free confidential consultation. It’s important to us that you understand where you stand currently in the process. Schedule your free consultation today by filling out the form below.

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