The H-1B visa transfer process allows professionals in the U.S. to change employers while maintaining their H-1B status. This guide outlines the step-by-step process, from initiating the transfer to receiving approval from the United States Citizenship and Immigration Services (USCIS).
1. Eligibility Assessment:
Before initiating the H-1B transfer process, ensure you meet the following criteria:
- Hold valid H-1B status.
- Have secured a job offer from a new employer.
- Ensure your new job role aligns with the specialty occupation requirements.
2. Job Offer and Acceptance:
Secure a job offer from a new employer. Review the offer carefully, considering factors such as job responsibilities, location, salary, and overall career growth.
3. Document Preparation:
Gather the necessary documents required for the H-1B transfer. These typically include:
- Job offer letter.
- Updated resume.
- Educational credentials.
- Professional certifications.
- Passport.
- I-94 Arrival/Departure record.
- Previous H-1B approval notices.
- Labor Condition Application (LCA) from the new employer.
4. USCIS Form I-129 Submission:
The new employer initiates the H-1B transfer by filing USCIS Form I-129, the Petition for a Nonimmigrant Worker. This form must be accompanied by supporting documents, including the LCA and the H Classification Supplement to Form I-129.
5. USCIS Processing:
The USCIS reviews the H-1B transfer petition. Regular processing times can vary, but it typically takes several months for the USCIS to adjudicate the case. For expedited processing, applicants can opt for premium processing, guaranteeing a response within 15 calendar days.
6. Potential Request for Evidence (RFE):
In some cases, the USCIS may issue a Request for Evidence (RFE) seeking additional documentation or clarification. Respond promptly and thoroughly to address any concerns raised by the USCIS.
