Transferring an H-1B Visa to a New Employer: A Comprehensive Guide

Acquiring permanent residency or a green card through an H-1B visa can be a complex process, particularly when switching employers. This guide will walk you through the necessary steps to transfer your H-1B visa to a new employer, noting that it can be done for both part-time and full-time work. The process involves several key steps, including obtaining a certified Labor Condition Application (LCA) and filing a change of employer petition with the U.S. Citizenship and Immigration Services (USCIS).

Understand the Requirements for Transferring an H-1B Visa

First and foremost, it's crucial to understand the requirements for transferring an H-1B visa. This process entails a new employer filing a new H-1B petition with the Department of Labor (DOL) and USCIS. This is known as a change of employer petition.

Step-by-Step Guide to Transferring an H-1B Visa to a New Employer

Step 1: Obtain a Certified Labor Condition Application (LCA)

A certified Labor Condition Application (LCA) is a critical document when changing employers. It serves as a guarantee to the Department of Labor that the new employer will treat the H-1B worker fairly and will meet the labor conditions specified. Here’s what you need to do:

Find a certified LCA provider or your new employer can obtain a certified LCA from the DOL. This process typically involves filling out a form (Form ETA 9035) and submitting it with any required supporting documents.

Ensure the LCA is fully compliant with all federal labor standards, including wage rates and working conditions.

The DOL will review the LCA and if it meets all the criteria, it will certify it, providing proof of compliance.

Step 2: File the Change of Employer Petition with USCIS

Once you have the certified LCA, your new employer can file the change of employer petition (Form I-129) with USCIS. This petition includes:

Form I-129, Petition for a Nonimmigrant Worker.

The certified LCA.

Supporting documentation as required by USCIS, such as proof of your qualifications and the company's financial stability.

A filing fee, which currently stands at $460 for both the H-1B and Extras.

After submission, USCIS may schedule an interview, request additional information, or conduct an onsite inspection. If approved, the petition will be forwarded to the Department of Labor for final approval.

Step 3: Final Approvals and Effective Date

If the petition is approved by USCIS and the DOL, your new employer will be able to file a request for an EAD (Employment Authorization Document) to enable you to work for the new company. The change in employer usually takes effect on the filing date specified in the petition, or the date the current H-1B status expires, whichever is later.

Considerations for Part-Time and Full-Time Work

When changing employers, it’s important to consider whether the change will be for part-time or full-time work. This could affect certain aspects of the process, such as the potential for a change in the standard H-1B work term of three years (with the possibility of two more three-year extensions). Be sure to consult with an immigration attorney to determine the best approach and to understand any limitations or requirements specific to part-time or full-time roles.

Conclusion

Transferring an H-1B visa to a new employer is a multi-step process, but with careful planning and the right guidance, it can be successfully completed. By understanding the requirements, following the necessary steps, and considering any changes between part-time and full-time work, you can ensure a smooth transition.

Key Takeaways

To change employers, your new employer must file a new H-1B petition with DOL and USCIS.

A certified LCA is required, obtained from the DOL or through a certified provider.

The new employer must file Form I-129 with supporting documents to USCIS.

The process can be complex but is crucial for a seamless transition to a new employer.

Final Thoughts

For detailed and accurate information, always consult with a qualified immigration attorney. This guide serves as a starting point, but each individual case differs, and professional advice can be invaluable in navigating the complexities of the H-1B visa transfer process.