H1B Visa Transfer Tactics for Success

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H1B visa holders may change their employer while working in the USA through a process which is known as the H1B transfer process. In order to apply for an H1B transfer, they must initially accept the new job offer on their current valid H1B visa. They can then start the H1B transfer status. nn

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H1B VISA TRANSFER

WHAT IS THE 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.

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.

STEP 1 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.

STEP 2 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.

STEP 3 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.

STEP 4 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

STEP 5 EMPLOYEE OR EMPLOYEE SUBMITS DOCUMENTS TO USCIS Offer letter from employer Passport Current H1B visa Form I-797 Form I-94 Social Security card Qualifications (college degrees, certifications) Two to three recent pay stubs Tax returns Current resume State license for healthcare professionals

H1B VISA TRANSFER DOS 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.