The H-1B visa is a nonimmigrant work visa which allows employers in the U.S. to hire workers who are foreign nationals for specialty jobs. These jobs usually require a minimum bachelor’s degree. If you currently possess a H-1B visa, you have the ability to change your employer, without permission from your current employer. To change your employer, your new prospective employer must submit an H-1B transfer to the USCIS. Similar to the H-1B petition from your current employer, you cannot submit an employment transfer petition yourself.
H1B Transfer Qualifications
To qualify for an H-1B visa transfer, there are a few qualifications you must meet. The first qualification must be to already be under H-1B status. Generally, you can start work once your new H1B employer files your petition with USCIS. However, before you start working with your new employer, it is highly advised that you wait for an approved transfer letter from the USCIS.
If your transfer was denied, you must immediately stop working for your new employer. In this situation, there is a possibility that you will be considered “out of status” if your transfer is denied. Therefore, we encourage you to wait for an approval letter before starting work with your new employer.
H1B Transfer Documents
To transfer your H-1B visa for new employment, there will be many documents involved. Documents for the transfer are needed from both the employer who is petitioning and yourself, the H-1B visa holder, as well as your ability to perform the specialty occupation.
Generally, the beneficiary will need to provide evidence that they have maintained their status while seeking a change. There also must be proof that the proposed employment qualifies as a specialty occupation. If any certificates or licenses are needed to perform the specialty occupation, those must be provided as well. In addition, a copy of the written contract or offer letter between the employer and the Beneficiary must be provided. If the Beneficiary will be working in multiple locations, the petitioner must provide an itinerary showing the dates and places of your assignments. Lastly, if applicable, there must be a Labor Condition Application, certified by the Department of Labor and signed by the petitioner and attorney sent to USCIS.
At The Law Office of Yifei He, PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. With our attorney by your side, you can navigate this process with efficiency and confidence.
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