Immigrants in the USA looking for a professional job are granted H1B visa status. Employers can use it to hire foreign professionals in the USA temporarily. To receive it, both parties—the potential employee and the USA employer—must abide by the rules set forth by the Department of Labor Standards. Hence you may have heard, finding employment and an H-1B visa can be a difficult, and long-lasting process in the USA. Eventually, when you have both, all you want to do is celebrate and begin your professional life. But what if, due to some reason, the holder of an H1B visa wishes to shift or change employers? In this blog, we will explore the H1B transfer process.
Is It Possible To Do An H1B Transfer To Another Employer?
Yes, H1B visa holders are permitted to change employers. Additionally, the employee with an H1B visa status is exempt from asking their employer for authorization. Before changing jobs, the employee must, however, complete all contractual and non-compete requirements. An LCA, or Labor Condition Application, must be submitted by the employee to transfer an H1B visa to another employer. Second, they should compile all required paperwork, finish Form I-129, the US Citizenship and Immigration Services (USCIS) petition letter, and submit it. The petition letter must then be submitted to the USCIS. Following that, the petition will either be approved or rejected by the USCIS after appropriate consideration.
Requirements For H1B Transfers
The holder of an H1B visa must adhere to specific transfer procedures for an H1B visa transfer. Which are:
- The new employer of the H1B visa holder must submit an H1B visa transfer petition to the USCIS.
- The employee must not have broken any of his/her visa conditions or committed any illegal activity while in the USA.
- Before the termination of the present employment period, the petition must be filed with the USCIS.
- The individual may begin working at their new place of employment as of the date specified in the USCIS-submitted H1B transfer petition. As soon as the new employer obtains the USCIS receipt, the employee can start working.
- The employee should, however, wait to start working for their new employer until after receiving written transfer authorization.
- If the worker quit their job with the previous employer before the transfer of the H1B visa, premium processing paperwork must be filed.
- When applying for a transfer of an H1B visa, the employee must submit many supporting documents.
H1B Transfer Paperwork
All immigration-related actions demand that the parties involved produce specific supporting documentation before the formal administrative procedure begins. Transferring the status of an H1B visa is not an exemption. To transfer an employee on an H1B visa, both the new employer and the employee must submit the following documents:
Documents that an H1B visa holder must submit:
- The current US Visa
- Employment history
- Proof of income to demonstrate job status (or a letter from the employer)
- Degree and transcript from the university
- Recommendation letter
- Academic assessment
Documents That the New Employer Must Submit
- A letter from the employer and the H1B visa transferee, signed by both parties, outlining the new position’s responsibilities, title, and pay.
- Marketing materials for the company
- Financial records, annual reports, and business plans of the company
- Supporting documentation for a detailed breakdown of the employer’s obligations
Cost Of H1B Visa Transfer
The cost for applying for an H1B transfer is the same as those of applying for an H1B visa originally. The following H1B transfer fees must be paid by the company because they are employing a new foreign worker:
- $460 is the minimum filing cost for Form I-129.
- The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) Fee, is $750 for firms in the US with fewer than 25 full-time employees and $1,500 for those with more than 25 full-time employees.
- Prevention and detection of fraud $500 is the fee for each international employee.
- If the employer has more than 50 employees and 50% of them are on H1B or L visas, the public law fee is $4,000 in that case.
- $1,225 premium processing charge (if applicable)
Processing Time for H1B Transfers
An H1B visa transfer takes 1 to 4 months to process using the standard route and 15 to 30 days using the premium option. The H1B transfer premium processing fee must be paid by the applicant, nevertheless, if they want the application to be processed more quickly. This service has a hefty price of about $1,225. The processing of your application, however, will only take 15 to 30 days if you select this approach. With premium processing, you can learn if your petition has been approved so that you can begin working for your new employer or if it has been rejected.
Conclusion
Lastly, if the correct procedures are followed and the transfer petition is submitted to the USCIS, an employee with an H1B visa may shift from one employer to another. You shouldn’t leave your existing position until the transfer petition has been authorized. The USCIS will not begin processing your petition until at least four to eight weeks have passed since you submitted your application. The location of your employer and the USCIS processing centre nearest to it also has an impact on the H1B transfer procedure.
FAQs
1. Can international students on F-1 visa transfer their H1B visa while studying?
No, overseas students on F-1 visas are ineligible to transfer their H1B visa while studying. An H1B transfer is only feasible once the student has completed their education and has received a job offer from a US firm ready to sponsor their H1B visa.
2. Can a student on F-1 visa apply for H1B visa during the 60-day grace period after completing their studies?
No, overseas students are not eligible to apply for an H1B visa during the 60-day grace period following the completion of their studies. The grace period is only for leaving the country or transferring to another educational programme.
3. Can a student on F-1 visa switch to H1B visa while working on OPT or CPT?
Yes, overseas students on F-1 visas who are working on Optional Practical Training (OPT) or Curricular Practical Training (CPT) can transition to an H1B visa if they receive an offer of employment from a US company ready to sponsor their H1B visa.
4. Is it possible for a student on F-1 visa to apply for H1B visa lottery while they are still studying?
No, students on F-1 visas are not eligible to apply for the H1B visa lottery while they are still enrolled in school. The H1B visa lottery is only accessible to people who have finished their education and have a job offer from a US company ready to sponsor their H1B visa.
5. Can an international student on F-1 visa work for an employer who is not willing to sponsor H1B visa?
Under certain circumstances, international students on an F-1 visa are permitted to work on and off campus. However, if a student want to work for a company off-campus, the employer must be prepared to sponsor their H1B visa.
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