For many foreign professionals working in the United States, an H-1B visa provides a way to employment in a specialized field. But what happens if you receive a better job offer or you simply want to pursue a new career opportunity? In many cases, an H-1B worker can transfer employers without starting the entire visa process over. Understanding how H-1B transfer works can help you make the change while protecting your immigration status. If you are looking to transfer your H-1B to new Texas employer, be sure to consult with an experienced immigration attorney to make sure you maintain your rights throughout the process.
H-1B Visa Overview
The H-1B is a temporary nonimmigrant classification for foreign workers employed in qualifying occupations. The H-1B visa requires that the workers have specialized knowledge and at least a bachelor’s degree or its equivalent in a field related to the job. Common examples include positions in technology, medicine, engineering, science, finance, education, and other specialized professions. An H-1B petition must be filed a U.S. based-employer with a Labor Condition Application (LCA).
The H-1B program is capped to an annual limit of 65,000 visas, with an additional 20,000 possibly available to qualifying individuals with a U.S. master’s degree or higher. The H-1B has a lottery process to randomly select which employers may proceed with filing an H-1B petition. However, H-1B workers who have already been counted against the cap generally do not have to enter the lottery again if they are changing employers. The H-1B is valid for a period of three years and extendable for up to six years.
How to Change Employers and Transfer H-1B Visa
An H-1B worker may be able to transfer their visa through the H-1B portability provisions. This can be useful when accepting a new job, seeking better career opportunities, changing companies after a layoff, or moving to a different employer offering more suitable work.
To do this, the new employer is required to file a new Form I-129 petition on the worker’s behalf and, where required, obtain a new LCA.. The new employer plays a central role in the transfer. It must provide information about the position, wages, work location, and employment terms and provide appropriate documentation. Thankfully, eligible H-1B workers generally may begin working for the new employer once a qualifying petition has been filed, rather than waiting for USCIS to issue a final approval. However, as an H-1B transfer can affect both employment authorization and immigration status, timing is critical.
Do I Need an Immigration Attorney to Transfer Ny H-1b?
An H-1B transfer may appear straightforward, but errors involving job duties, wage requirements, work locations, status, or filing procedures can create serious problems. An experienced immigration attorney can evaluate your current H-1B status, review the proposed position, coordinate with your new employer, and help to avoid common mistakes. If you are considering changing employers, seeking legal guidance before leaving your current position can help you understand your options and make the transition as smoothly as possible.
Get Legal Guidance Before Changing Employers in Texas
Changing employers while working in H-1B status can provide an opportunity to advance your career, but the process involves important immigration requirements and legal considerations. A properly prepared H-1B transfer can help you move to a new Texas employer while maintaining lawful status and avoiding unnecessary complications. As every case is different, it is important to make sure the new employer’s petition meets all applicable requirements before beginning new employment.
At Aspire Immigration, we help employers and foreign professionals navigate employment-based immigration matters, including H-1B visas and employer changes. Based in Dallas, Texas, our firm serves clients throughout Texas and around the world. If you are considering changing employers while in H-1B status, contact Aspire Immigration to discuss your situation and learn how our experienced immigration team can help guide you through the process.
