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

So, you’ve landed a new job offer in the US and are excited to make the switch—but wait, you’re on an H-1B visa! Can you even change employers?

The short answer: yes, you can.

Transferring your H-1B visa to a new employer is totally possible, but it comes with a few steps and paperwork.

Let’s break it down, step by step, so you can start your new job without any visa headaches.

What Does “Transferring” Your H-1B Visa Mean?

When people talk about “transferring” their H-1B visa, they’re really talking about getting a new employer to sponsor them under the same H-1B status.

Unlike some other visas, the H-1B is employer-specific, meaning you can’t just hop from one company to another without going through a process.

Your new employer has to file a new petition with the USCIS on your behalf, but don’t worry—you won’t have to go through the lottery again.

Tip: Once your transfer petition is filed, you can start working for your new employer while it’s pending approval! No need to wait for the final approval.

Step-by-Step Guide to Transferring Your H-1B Visa

Ready to start the process? Here’s what you (and your new employer) need to do:

1. Job Offer from New Employer

• First things first, you need a written job offer from your new employer. Make sure the job qualifies as a specialty occupation—a role that requires specialized skills and at least a bachelor’s degree.

2. New Employer Files an LCA

• Before your new employer can file your H-1B transfer petition, they’ll need to submit a Labor Condition Application (LCA) with the Department of Labor. This form certifies that the employer will pay you a fair wage and offer standard working conditions.

3. Submit the H-1B Transfer Petition

• Once the LCA is approved, your employer can file Form I-129 (the petition for a nonimmigrant worker) with the USCIS. This is where the actual transfer process begins. The petition must include:
  • The approved LCA
  • Your job offer letter
  • Proof of your current H-1B status
  • Your academic credentials

4. Start Working Immediately

• Here’s some good news: you don’t have to wait for your H-1B transfer to be fully approved before starting your new job. As soon as your new employer files the transfer petition, you can legally begin working for them. However, make sure you’ve received the USCIS receipt that shows they’ve accepted the petition.

Tip: Keep that USCIS receipt safe. You’ll need it to prove you’re working legally during the transfer process.

How Long Does the H-1B Transfer Take?

The time it takes to complete an H-1B transfer can vary. Under regular processing, it could take anywhere from 2 to 6 months for the transfer to be approved.

However, if you’re in a rush, your employer can opt for premium processing, which speeds things up to just 15 calendar days—but it’ll cost an additional $2,500.

Pro Tip: If your new employer is in a hurry to get you on board, ask them to pay for premium processing. It’s a small price to pay for peace of mind.

What Happens If Your H-1B Transfer is Denied?

Here’s the tricky part: if your H-1B transfer is denied, your situation gets complicated. You’ll need to stop working for the new employer immediately.

You can either try to appeal the decision or return to your previous employer (if they’re still willing to sponsor you).

If neither of these options works, you may need to leave the US. This is why it’s important to make sure your new employer files everything correctly and that you meet all the transfer requirements before jumping into a new job.

Tip: If you’re worried about a denial, work with an immigration attorney to make sure everything is in order before you file. Better safe than sorry!

Things to Keep in Mind During an H-1B Transfer

• No Quota Worries: Since you already have an H-1B visa, you’re not subject to the annual H-1B cap or lottery system. Your new employer just needs to file a new petition, and you’re good to go.
• Multiple H-1B Transfers: Yes, you can transfer your H-1B visa more than once! If you change jobs multiple times, you’ll need to go through this process each time, but there’s no limit to the number of transfers you can do.
• Dependent Visas: If you have family members on H-4 visas (dependents), their status remains the same during the transfer. You’ll just need to make sure their H-4 visa stays valid while your transfer is being processed.

Tip: When transferring employers, ask about any benefits or perks they offer that might help smooth over the transition, like relocation assistance or help with visa fees.

Can You Work for Multiple Employers?

Here’s something most people don’t know: you can technically work for more than one employer on an H-1B visa, but you’ll need each employer to file a separate H-1B petition for you. Yep, that’s right—each job requires its own approval.

So if you’re a superstar with multiple job offers, you can legally work two jobs on an H-1B visa, as long as both employers go through the sponsorship process.

Just make sure you can handle the workload!

Final Thoughts: Making the Move

Transferring your H-1B visa to a new employer can feel overwhelming, but it’s totally manageable if you follow the steps and stay on top of the paperwork.

The most crucial part is having a new employer ready to sponsor you, and as long as they file the right forms, you can make the switch without too much hassle.

Need more details? Check out the official USCIS H-1B transfer page for the latest updates and guidelines.