April 10, 2015 Douglas Lightman

Overview of the H-1B Visa Transfer Process

An H-1B visa is a tool used by U.S. companies to offer sponsorship to foreign workers with specialized skills and education, thereby allowing foreign nationals to temporarily work in the United States.

There may come a time, however, when the H-1B foreign worker discontinues their employment with the original company to seek employment with a new, different employer.

In this circumstance, the foreign worker will benefit from seeking an H-1B transfer.

H-1B Visa Transfer

Certain provisions under the AC 21 Act allow for a foreign national employee who was previously granted an H-1B visa to “transfer” their visa status to another employer should the need arise.

This is accomplished by the new employer filing an H-1B visa transfer petition with the USCIS on behalf of the foreign employee. And although the process is referred to as a “transfer,” it’s actually no such thing; the sponsoring U.S. company and the foreign worker must still present the same proof and documentation that was required with the original H-1B visa application.

The H-1B visa is not being “transferred” or “passed” between employers.

One advantage of an H-1B visa transfer is that the foreign national worker does not have to wait for the application to be approved prior to starting work with the new employer. In fact, once the USCIS has acknowledged receipt of the transfer request, the foreign employee may begin work.

Additionally, the new application is deemed separate from, and not subject to the H-1B visa annual issuance cap.

H-1B Visa Transfer Required Documents

Below is a list of documents required for an H-1B transfer, from both the sponsoring employer and the foreign national worker:

Sponsoring Employer

  • Signed copy (by both the employer and the employee) of an official Job Offer letter, which includes such details as the salary offered and the job title
  • Documentation listing a detailed job description
  • Proof that the sponsoring employer can pay the stated wage, i.e. a recent financial statement, or annual fiscal report
  • Copy of the company’s Articles of Incorporation, if applicable.

Foreign National Employee

  • Copies of any U.S. visas held, and any I-94 or I-797 approvals
  • Post-secondary diplomas
  • University or post-secondary educational transcripts
  • Updated resume
  • Letters of recommendation from past employers
  • Current visa stamp
  • Copies of passports and social security cards
  • Copies of the three most recent pay stubs, or other proof of employment

If the H-1B transfer employee has a dependent such a spouse or minor child, they will need to provide the dependent’s proper H-4 documentation as well. This could include the dependent’s passport, I-94 card, and marriage/birth certificates.

Additional Information

Once received by the USCIS, an H-1B transfer application approval could take anywhere from 4-8 weeks or in some cases longer.

As mentioned earlier, all the foreign national needs is receipt of the transfer application to begin work. Also, although a foreign worker can apply for and have an unlimited number of H-1B visas, they can only hold employment with one employer at a time.

It is not required for the original H-1B visa employer to be aware that the foreign worker has applied for a transfer.

For more information on the H-1B Visa transfer process, contact Lightman Law Firm at (212) 643-0985 or submit a consultation request online

Lightman Law Firm was recently honored as New York’s 2014 Immigration Law Firm of the Year by Acquisition International. Additionally, founding attorney, Douglas Lightman, was named a “Rising Star” by SuperLawyers.com. Lightman Law Firm also carries a 4.9 rating on Google Reviews.

Douglas Lightman

The award-winning Lightman Law Firm was founded by Douglas M. Lightman, Esq. Mr. Lightman has extensive experience in immigration law and international matters through both work and personal experience. Prior to forming Lightman Law Firm, Mr. Lightman spent several years at an international tax consulting and compliance firm where he focused on international tax consulting and cross border transactions. Mr. Lightman is a United States trained lawyer who received his law degree from Brooklyn Law School and is a member in good standing of the Bar of the State of New York and a member of the American Immigration Lawyers Association, the world's largest organization of immigration lawyers. To discuss your possible case with Mr. Lightman or another immigration lawyer from Lightman Law Firm LLC, call (212) 643-0985 or fill out the consultation request form on your right. A representative of our firm will contact you shortly upon review of your request.