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What is an H-1B Transfer?

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The H-1B visa allows U.S. employers to sponsor a foreign national for a job in the U.S. The job must be a specialty occupation, meaning it requires a theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S.

Once the foreign national has been selected in the H-1B lottery and starts working for the U.S. employer, they can potentially work in the U.S. on the H-1B for up to 6 years. During that time, many employees find that they want to change jobs, or they may need to change jobs if their employer lets them go. If the foreign national finds themselves in this position, they can have a new U.S. employer file an H-1B petition with U.S. Citizenship & Immigration Services (USCIS). This is sometimes referred to as an H-1B transfer or H-1B change of employer. The new petition must show that the company and applicant meet each H-1B requirement, and it is not guaranteed that the new petition will be approved solely because the prior H-1B petition was approved.

One big benefit to an H-1B transfer is that the employee is able to start working for the new employer as soon as the new H-1B petition is filed with USCIS. This is a concept called “portability” that allows H-1B workers more flexibility in changing jobs and is meant to help the H-1B workers and U.S. employers.

If you are a U.S. employer or foreign national interested in learning more about H-1B transfers, please set up a consultation using the links below.

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This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

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