H1B Visa Transfers offers comprehensive insights and practical advice for individuals navigating the complex process of transferring their H1B visa to a new employer. This guide is meticulously crafted to provide a clear understanding of the intricate steps involved in transferring your H1B visa seamlessly. From understanding eligibility criteria to assembling required documentation, from navigating legal requirements to optimizing your application strategy, this guide equips you with the essential knowledge and tips needed to ensure a successful H1B visa transfer. Whether you're a seasoned professional or new to the H1B visa process, this guide is an indispensable resource to help you navigate the intricacies of transferring your visa and advancing your career in the United States.
2. 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.
3. 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.
4. 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 1
GET A NEW EMPLOYMENT
OFFER
5. 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 2
NEW EMPLOYER GETS A LABOR
CONDITION APPLICATION (LCA)
FROM THE DEPARTMENT OF LABOR
6. 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 3
EMPLOYER FILES THE I-129 FORM
WITH USCIS
7. 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 4
EMPLOYER PAYS REQUIRED FEES
8. 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
STEP 5
EMPLOYEE OR EMPLOYEE SUBMITS
DOCUMENTS TO USCIS
9. 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.
10. 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.
11. CONTACT US
(510) 770- 8700
bayareaimmigrationservices.com
info@bayareaimmigrationservices.com
