The H1B Transfer Process Explained: Step-by-Step Do’s and Dont’s
The H1B Visa transfer process can be confusing, so we’ll break it down step-by-step so you can understand precisely how it works and give you some quick do’s and dont’s.
An H1B visa can make working and living in America easier. Securing the visa is a long process, and the thought of having to transfer an H1B visa can be daunting. We’ll explain what an H1B visa is, what an H1B transfer is, and how the process works and give you some Do’s and Dont’s.
What is an H1B visa?
An H1B visa allows a U.S. employer to temporarily employ foreign workers in specialty occupations. The employer initiates the process. Some of those occupations include:
IT professionals
University professors
Engineers
Healthcare workers
Accountants
Financial analysts
Management consultants
Attorneys
What is an H1B visa transfer?
If an H1B employee wishes to change employers, they can do so through a process known as the H1B transfer. To apply, the employee must accept the new job offer while their H1B visa is still valid. The process for a transfer is similar to the initial application. A key difference is the lack of a visa cap for transfers. Initial H1B visas are capped at 65,000 people per year, while there is no transfer cap. Transfers don’t count toward that 65,000 cap.
H1B Visa transfer process
The processing of an H1B visa transfer can take one to four months under standard procedures and 15 to 30 days for premium processing. These are the steps involved.
Get a new employment offer
You must have a job offer from a new employer to initiate the transfer process. The visa can’t be transferred if you’ve not been offered the job yet.
New employer gets a Labor Condition Application (LCA) from the Department of Labor
Employers can’t hire foreign workers without an LCA certification. The certification guarantees the employee that the employer will treat them fairly by paying a full wage, providing a good work environment, and it certifies to the government that the employer hires legally admitted foreign workers.
Employer files the I-129 form with USCIS
The I-129 form is permission to hire foreign workers and is processed by the United States Citizenship and Immigration Service. The USCIS approves or denies the petition.
While the form is being processed, the USCIS provides a receipt number to the employer and employee. Once the receipt is received, the employer can begin working. If the petition is approved, the employer and employee receive an I-797 form that proves the employee can legally work for that employer. The employer also files Form I-9, the Employment Eligibility Verification form, with the USCIS.
Employer pays required fees
I-129 form filing fees
American Competitiveness and Workforce Improvement Act Fee
Fraud Prevention and Detection Fee
Public Law Fee
Premium Processing Fee if the employer wishes to expedite the process
Employee or employee submits documents to USCIS
Copies of the following documents are required:
Offer letter from employer
Passport
Current H1B visa
Form I-797
Qualifications (college degrees, certifications)
Two to three recent pay stubs
Current resume
State license for healthcare professionals
H1B Visa Transfer Do’s
Do make sure the new employer is a good fit for you.
Do make sure the new area is a good fit if the new job involves moving from your current location.
Do gather all of the necessary documentation.
Do create a single digital file with all documents in one place, so it’s easy to submit them all together.
H1B Visa Transfer Don’ts
Don’t quit your current job before having a firm offer from the new employer.
Don’t submit original documents, only copies.
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