H1B Transfer

99% Approval Rate on H-1B Transfer Cases

Call us Now for a Free Case Review at (213) 375-4084

Understanding the H-1B Visa Transfer Process

Overview of an H-1B Visa

The H-1B visa is a non-immigrant visa category in the United States that allows U.S. employers to temporarily hire foreign professionals in specialty occupations. It was established to address the shortage of skilled workers in certain fields and provides an avenue for companies to tap into global talent pools.

Key features of the H-1B visa include:

1. Specialty Occupation: The H-1B visa is reserved for individuals who will be employed in a specialty occupation, which typically requires theoretical and practical knowledge in specialized fields such as science, engineering, computer programming, medicine, or finance. The job position must meet specific criteria, including a minimum educational requirement of at least a bachelor’s degree or its equivalent.
2. Employer Sponsorship: To obtain an H-1B visa, the foreign professional must have a sponsoring U.S. employer. The employer must file a petition on behalf of the employee, demonstrating the need for their specialized skills and compliance with prevailing wage requirements.
3. Numerical Cap: The H-1B visa program has an annual numerical cap on the number of visas available, with the majority of visas allocated through the regular cap and a smaller number reserved for individuals with advanced degrees from U.S. institutions. The cap, set by Congress, creates significant competition among employers and can lead to a lottery system for selection when the number of applications exceeds the available visas.
4. Duration of Stay: H-1B visa holders are initially granted a period of authorized stay for up to three years, with the possibility of extension for an additional three years. In certain circumstances, extensions beyond the six-year maximum limit are available if the individual is in the process of obtaining permanent residency (green card) in the employment-based categories.
5. Dependents: H-1B visa holders can bring their spouses and unmarried children under the age of 21 to the United States on an H-4 visa. H-4 visa holders are eligible for dependent status and may be eligible for employment authorization under certain circumstances.

Understanding the intricacies of the H-1B visa program, including the process of transferring an employee’s H-1B visa from one employer to another, is essential for both employers and employees to navigate the dynamic landscape of global workforce mobility. The guide that follows will delve into the details, providing comprehensive information and guidance on successfully transferring an employee’s H-1B visa while complying with the legal requirements outlined by the USCIS.

Reasons for H-1B Transfer

Various situations may necessitate the transfer of an employee’s H-1B visa from one employer to another. Understanding the common reasons for such transfers can help employers and employees navigate the process effectively. Here are some of the key reasons why individuals seek to transfer their H-1B visas:

1. Change in Employment: One of the most common reasons for an H-1B visa transfer is when an employee wishes to switch employers. This could be due to better career prospects, a higher salary, improved work conditions, or the desire to explore new opportunities. By transferring the H-1B visa to the new employer, the employee can continue working in the United States without disruptions.
2. Merger or Acquisition: In the event of a merger, acquisition, or corporate restructuring, companies may need to transfer the H-1B visas of their foreign employees to the new entity. This allows the continuation of employment for these individuals while ensuring compliance with immigration regulations. It is important to note that the new employer must assume the rights, responsibilities, and obligations of the existing H-1B visa sponsorship.
3. Relocation to a Different Work Location: If an H-1B visa holder needs to relocate to a different work location within the United States, such as a different office branch or client site, an H-1B visa transfer may be necessary. The new work location must meet the criteria for a specialty occupation and comply with all relevant labor laws and regulations.
4. Promotion or Change in Job Role: When an H-1B visa holder receives a promotion or a significant change in job responsibilities within the same company, an H-1B visa transfer might be required. This ensures that the visa remains valid for the new role and that the employee can continue working legally in the United States.
5. Expiring Visa or Extension: If an H-1B visa is nearing its expiration date, both the employee and employer may decide to transfer the visa to a new employer during the extension process. This allows for continuous employment and provides an opportunity for the individual to explore new career prospects while maintaining lawful status.
6. Dissatisfaction or Termination: In some cases, an H-1B visa holder may seek a transfer due to dissatisfaction with their current employer or facing termination. Transferring the visa to a new employer allows the individual to maintain lawful immigration status and continue working in the United States.

It is important to note that any H-1B transfer must comply with the regulations set by the USCIS, including filing the appropriate documentation and meeting eligibility requirements. Employers and employees should contact the Immigration Law Office of LA to ensure a smooth and compliant transfer process by visiting our contact page or calling us at (213) 375-4084.

In the next section of this guide, we will explore the eligibility criteria and necessary documentation for an H-1B visa transfer, equipping both employers and employees with the knowledge required to navigate this process successfully.

Initiating the H-1B Transfer

Confirming Eligibility for an H-1B Transfer

Before initiating the process of transferring an employee’s H-1B visa, it is crucial to ensure that both the employer and the employee meet the eligibility criteria set by the United States Citizenship and Immigration Services (USCIS). Verifying eligibility upfront can help streamline the transfer process and avoid unnecessary delays or complications. Here are the key factors to consider:

1. Valid H-1B Visa Status: The employee must currently hold a valid H-1B visa and maintain lawful status in the United States. This means that the employee’s existing H-1B visa should not have expired or been revoked at the time of the transfer initiation.
2. New Employer’s H-1B Sponsorship: The new employer must be eligible and willing to sponsor the H-1B status transfer. This involves filing a new H-1B petition on behalf of the employee, indicating the intent to employ them in a specialty occupation. The employer must be a legitimate U.S.-based entity with the capacity to fulfill the responsibilities of an H-1B visa sponsor.
3. Specialty Occupation Requirement: The employee’s new job position with the sponsoring employer must meet the criteria of a specialty occupation. This typically requires a role that requires theoretical and practical application of highly specialized knowledge, with a minimum educational requirement of at least a bachelor’s degree or its equivalent. The job should also align with the employee’s skills, qualifications, and prior work experience.
4. Prevailing Wage Compliance: The new employer must demonstrate compliance with the prevailing wage requirements for the specific occupation and geographic location. This involves offering the employee a salary that meets or exceeds the prevailing wage as determined by the U.S. Department of Labor.
5. Maintaining Continuity of Employment: The H-1B status transfer process should be initiated before the employee’s current employment with the previous employer ends. This ensures continuity of employment and lawful status for the employee throughout the transfer process.
6. Documentation and Supporting Evidence: Employers and employees must gather and submit the necessary documentation to support the H-1B status transfer. This typically includes the new employer’s H-1B petition, a copy of the employee’s current H-1B approval notice, educational credentials, a job offer letter, and any other relevant supporting evidence to establish the eligibility and authenticity of the transfer request.

It is important to note that each transfer case may have unique circumstances, and it is advisable to consult with an experienced immigration attorney at our office to navigate the specific requirements and procedures involved by calling (213) 375-4084 today.