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Changing Employment on an H-1B Visa: The H1B Transfer Process Explained

By January 19, 2024March 22nd, 2024No Comments

If you’re currently in the United States on an H-1B visa and considering changing your employment, it’s important to understand the H1B transfer process. H-1B visas are nonimmigrant visas designed for individuals to work in specialized positions in the U.S., and they require at least a bachelor’s degree. In this article, we’ll explore how you can change your employment on an H-1B visa and what this process entails.

1. Specialized Occupation Requirement

H-1B visas are granted for individuals working in specialty occupations that demand highly specialized training or experience in a specific field. These positions typically require a minimum of a bachelor’s degree. If you are currently in the U.S. on an H-1B visa and have been offered another job opportunity, you have the option to follow the H1B transfer process.

2. Starting the H1B Transfer Process

To initiate an H1B transfer, you must first accept the job offer from your new employer while maintaining your current valid H1B visa status. Once you have accepted the offer, the new employer will begin the H1B transfer process on your behalf. It’s important to note that this process can take several months to complete, so planning ahead is crucial.

3. Employer’s Role in the H1B Transfer

If you are an employer seeking to hire a candidate who is already working in the United States on an H-1B visa, you have the option to transfer the visa from the candidate’s current employer to your company. However, this transfer process must be done in accordance with U.S. Citizenship and Immigration Services (USCIS) guidelines.

4. USCIS Form I-129

To facilitate the H1B transfer, the new employer must inform USCIS of the changes in employment status by submitting Form I-129, Petition for a Nonimmigrant Worker. This form is a crucial part of the H1B transfer process and ensures that the transfer is carried out in compliance with immigration regulations.

In summary, changing employment on an H-1B visa is possible through the H1B transfer process. If you are a current H-1B visa holder, accepting a new job offer in the U.S. is the first step. Your new employer will then initiate the transfer process on your behalf, which may take some time to complete. For employers looking to hire candidates already on H-1B visas, it is essential to follow USCIS guidelines and submit Form I-129 to transfer the visa to your company. If you have any questions or require assistance with the H1B transfer process, please contact Jeelani Law Firm! We are here to help with all your legal needs.

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.