H-1B Visa Transfer: Process, Fees, Processing Time, and Change of Employer

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:

• “Will my status be affected if there are delays?”
• “How soon can I start working for my new employer?”
• “What are the costs, and who is responsible for paying them?”

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.

How to Transfer Your H-1B to a New Employer?

Transferring your H-1B visa to a new employer involves several key steps:

1. New Employer's Petition: Your prospective employer must file Form I-129, Petition for a Nonimmigrant Worker, on your behalf.
2. Labor Condition Application (LCA): Before filing Form I-129, the employer must obtain an approved Labor Condition Application (LCA) from the U.S. Department of Labor, ensuring compliance with wage and working condition requirements.
3. Commencing Employment: Under the American Competitiveness in the Twenty-First Century Act (AC21), you may begin working for the new employer as soon as they file Form I-129, provided:some text
   • You are currently in valid H-1B status.
   • The new employer has properly filed the petition before your current authorized stay expires.
4. Maintaining Status: Maintaining lawful H-1B status is crucial throughout the transfer process. Ensure that the new employer files the petition on time to avoid any gaps in employment authorization.

Now, we will take a look at the H-1B visa transfer documents necessary for the process. 

H-1B Visa Transfer Documents

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:

• Current H-1B Approval Notice (Form I-797): This verifies your existing H-1B status.
• Valid Passport: Ensure your passport is valid for at least six months beyond your intended period of stay.
• Form I-94 Arrival/Departure Record: This indicates your most recent entry into the U.S. and your current immigration status.
• Recent Pay Stubs: These serve as proof of ongoing employment and maintenance of H-1B status.
• Educational Degrees and Transcripts: Provide evidence of your qualifications for the specialty occupation, including credential equivalencies if your degrees were obtained outside the relevant jurisdiction.
• Professional Licenses (if applicable): Necessary if your occupation requires specific licensure.

Documents Required from the Employer:

• Employment Offer Letter: Details the job title, duties, salary, and employment terms.
• Company Information: Includes the company's federal tax ID number (FEIN), financial statements, marketing materials, and brochures to establish the legitimacy of the business.
• Labor Condition Application (LCA): An approved LCA from the Department of Labor, confirming compliance with wage and working condition requirements.

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. 

Steps for H-1B Visa Transfer Process

Here are the steps for the H-1B visa transfer process that you should know - 

1. Secure a Job Offer from the New Employer

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.

2. File the Labor Condition Application (LCA)

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.

3. Submit Form I-129 to USCIS

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.

4. Start Working for the New Employer

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

5. USCIS Processing and Approval

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.

6. Receive the H-1B Approval Notice

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. 

H-1B 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:

1. Regular Processing

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.

2. Premium Processing

Premium processing is an optional service that allows you to expedite the H-1B transfer process. 

Under premium processing, USCIS will:

• Approve the petition,
• Deny the petition, or
• Issue a Request for Evidence (RFE) if additional documents are required.

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. 

H-1B Transfer Costs

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:

1. Base Filing Fee: This is a mandatory fee for filing Form I-129, which is required for all H-1B petitions, including transfers. The fee is $460 for most employers but is $780 for small employers or nonprofits.
2. American Competitiveness and Workforce Improvement Act (ACWIA) Fee: This fee varies based on the size of the employer:some text
   1. $750 for employers with 1 to 25 full-time employees.
   2. $1,500 for employers with 26 or more full-time employees. The USCIS exempts certain organizations, such as nonprofit research institutions, from this fee.
3. Fraud Prevention and Detection Fee: A fee of $500 is required to help USCIS detect and prevent fraudulent H-1B petitions. This fee applies to new H-1B petitions and transfers but is not required for extensions with the same employer.
4. Public Law 114-113 Fee: Employers with 50 or more employees, where more than 50% are in H-1B or L-1 status, must pay an additional fee of $4,000. This fee applies to new petitions and transfers.
5. Premium Processing Fee (Optional): For employers seeking expedited processing, an optional fee of $2,805 can be paid to USCIS to expedite the petition adjudication within 15 business days. This fee can be paid by either the employer or the employee, depending on the agreement between both parties. 
6. Asylum Program Fee: The Asylum Program Fee applies to all Form I-129 visa classifications. The fee structure is as follows:

• $600 for entities with more than 25 full-time equivalent employees.
• $300 for small entities with 25 or fewer full-time equivalent employees.
• $0 for nonprofit entities.

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. 

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:

1. Specialty Occupation Requirements Not Met: The position offered must qualify as a specialty occupation, typically requiring a bachelor's degree or higher in a specific field related to the proffered position. If USCIS determines that the job does not meet these criteria, the transfer petition may be denied.
2. Beneficiary's Qualifications Insufficient: The employee must possess the necessary educational background and experience for the specialty occupation. Lack of relevant qualifications can result in denial.
3. Employer-Employee Relationship Not Established: USCIS requires clear evidence of a legitimate employer-employee relationship, where the employer has the right to supervise and control the work of the employee. Insufficient proof of this relationship can lead to denial.
4. Inability to Pay the Prevailing Wage: The employer must demonstrate the ability to pay the prevailing wage for the position in the specific geographic location. Failure to provide sufficient financial evidence can result in denial.
5. Past Violations of Immigration Law: Any history of non-compliance with immigration laws by the employer or employee can negatively impact the transfer petition. USCIS scrutinizes past violations closely.
6. Improper Filing or Documentation Errors: Incomplete forms, missing signatures, incorrect fees, or insufficient supporting documents can cause the petition to be denied. Attention to detail is crucial in the application process.

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. 

How Can Alma Help With H-1B Visa Transfer?

Alma offers a streamlined, expert-driven process by assisting with an H-1B visa transfer.

Here’s how:

1. Assessment of Eligibility

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.

2. Consultation with Experts

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.

3. Document Preparation

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.

4. Streamlined Digital Process

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.

5. Filing and Submission

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.

6. Support Until Approval

Alma provides continuous updates and support throughout the process. We assist with any requests for evidence (RFEs) or additional inquiries from USCIS, if needed.

Conclusion

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!