The Complete Guide to H1B Visa Transfers
The H1B visa program allows US employers to temporarily employ non-immigrant foreign workers within specialty occupations. For those already in the country on an H1B visa, a common question is what happens when you need to transfer or change jobs? In this complete guide to the H1B transfer process, we provide a step-by-step overview of the eligibility requirements, necessary documents, fees, and more.
Can you transfer your H1B visa to a new employer?
All H1B holders have the right to transfer their visa to a new employer as long as they are eligible and complete the necessary steps. Furthermore, the new employer must submit the transfer petition meaning obtaining permission from your current place of work is not necessary. This allows H1B employees to search for a new position without having to worry that their employer will withhold the Visa transfer from going through.
Keep in mind, employees are still required to fulfill any non-compete or contractual obligations with their current company for a successful petition. Both the employee and new employer must also comply with all of the Department of Labor Standards’ regulations.
How does an H1B visa petition & transfer work?
In order to be considered for an H1B visa transfer, the following steps must be completed:
The new employer must offer the foreign worker a job in a specialty occupation and obtain a Labor Condition Application (LCA) certification from the Department of Labor (DOL).
The new employer must file Form I-129 (Petition for Nonimmigrant Worker) on behalf of the foreign worker with the US Citizenship and Immigration Services (USCIS). Employees may not submit this form on their own.
The foreign worker must have maintained valid H1B status without any history of unauthorized employment while on their current visa.
The foreign worker must not have any bars to admission, such as a previous violation of immigration laws or a history of criminal activity.
The new employer must provide evidence of its ability to pay the offered wage and the foreign worker’s qualifications for the job.
The foreign worker must not be subject to the H1B cap, as the number of H1B visas available each fiscal year is limited by law.
It is important to note that the USCIS has the discretion to approve or deny the H1B transfer petition and the final decision may depend on several factors such as the qualifications of the foreign worker and the nature of the job offered by the new employees.
What documents do you need for an H1B visa transfer?
To successfully complete an H1B visa transfer, the following documents are required:
A Completed and signed Form I-129 for non-immigrant workers.
Proof of educational degree and related transcripts
Proof of professional credentials and experience in the field
A copy of the existing H1B approval notice and previous I-129 petition
A Labor Condition Application (LCA) Certification from the Department of Labor (DOL)
Proof of the H1B sponsor’s ability to pay the offered wage (pay stubs, tax forms, etc.)
Proof of the beneficiary’s non-immigrant intent (ties to home country, etc.)
Proof of the beneficiary's qualifications for the offered job
Resume or CV
Copies of your Passport and Social Security Card
Note: The actual documents required may vary depending on the specific case and circumstances. It’s recommended to consult with an immigration attorney to confirm the necessary documents.
How much does an H1B Visa transfer cost?
H1B Registration Fee: $10
H1B Visa Base Filing Fee: $460
ACWIA Fee: $750 for employers with 1 to 25 full-time employees and $1500 for employers with 26 or more full-time equivalent employees
Fraud Prevention & Detection Fee: $500
Fee from Public Law 114-113: $4,000
Optional Premium Processing Fee: $1,225
H1B transfer visa transfer processing time
On average, the H1B transfer process takes around 4 to 16 after submission of the USCIS application. Various different factors affect this timeframe including the location of employment and any immigration system backlogs. Additionally, any errors or missing paperwork can set your application back by weeks. We recommend thoroughly reviewing the H1B visa transfer do’s and dont’s prior to applying.
Upwardli is here to help
The American personal finance system is confusing just like the immigration system! Fortunately, with the right information, navigating the system is far less daunting. Upwardli is that guide for you! From building credit to finding a bank to creating a monthly budget, we can help you find the resources you need!
