Changing jobs while on an H-1B visa can be an exciting step forward—but it requires careful planning, legal precision, and a clear understanding of the transfer process. Between 2005 and 2022, nearly 130,576 H-1B visa holders changed employers, showing a growing trend in employment mobility for skilled foreign professionals in the U.S., according to an article in the Times of India.
Successfully transferring your H-1B visa can bring substantial benefits. You may gain access to better compensation, new responsibilities, leadership roles, and opportunities to work for companies that better align with your professional goals.
If you’re planning to take that next step in your career, you must approach the transition with careful planning, legal awareness, and a clear understanding of the transfer process. This blog sets out the key requirements and describes the process to help you prepare for the transition.
Can You Change Jobs While You Are On an H-1B Visa?
The H-1B visa permits foreign professionals to work in specialty occupations in the U.S. and provides the flexibility to change employers through what is commonly called an H-1B transfer. While “H-1B transfer” is not a formal legal term, it refers to the process in which a new employer files a new H-1B petition for you. Under the American Competitiveness in the Twenty-First Century Act (AC21), you may begin working for the new employer as soon as USCIS receives the petition, provided the petition is non-frivolous and you are currently maintaining valid H-1B status. You do not need to wait for USCIS to approve the petition to start the new job. We advise clients that it is best to wait for the receipt of notice from USCIS before working with the new employer.
Step-by-Step: How to Change Employers Under an H-1B Visa
To initiate the transfer, your prospective employer must offer you a position that qualifies as a specialty occupation and is consistent with your skills and qualifications. Before filing the H-1B petition, the employer must first obtain a certified Labor Condition Application (LCA) from the Department of Labor. This LCA confirms that hiring you will not adversely affect the wages or working conditions of similarly employed U.S. workers. Once the LCA is certified, the employer submits Form I-129 (Petition for a Nonimmigrant Worker) to USCIS, along with supporting documents such as your academic credentials, resume, prior H-1B approval notices (Form I-797), recent pay stubs or tax returns, and a copy of the new job offer. Upon USCIS’s receipt of the petition, you are authorized to start working for the new employer while the petition is pending.
Document Requirements
To ensure a smooth process, you should gather all required documents early. These include your valid passport, current and previous H-1B approval notices, recent pay slips, W-2 forms or tax returns (if applicable), an updated resume, the new employment offer letter, and copies of your academic degrees or transcripts.
Filing Fees
While the employer must cover all the filing expenses, it’s important to understand the associated fees. The base filing fee is $460. The fraud prevention and detection fee is $500. The American Competitiveness and Workforce Improvement Act (ACWIA) fee is $750 for employers with 25 or fewer employees or $1,500 for those with more than 25. In addition, there is a mandatory Asylum Program Fee of $300 or $600, depending on the size of the company. Non-profit organizations may be exempt from certain fees.
Processing Times
The timeline for an H-1B job change can vary. Generally, it takes one to two weeks to receive and accept a job offer, followed by another week to prepare the required documents. The LCA usually takes about seven days to process. Once filed with USCIS, a petition can take anywhere from two to four months for regular processing. However, an H-1B petition can be filed for premium processing, which provides a USCIS decision within 15 calendar days. This expedited service requires an additional premium processing fee of $2,805. If speed is a priority, premium processing is highly recommended. Keep in mind that USCIS may issue a Request for Evidence (RFE), which can extend the timeline. If that happens, respond promptly and include complete documentation to avoid further delays. It is important to note that the H-1B employee can pay the premium processing fee, but he/she cannot pay any of the other filing fees mentioned above.
Maintaining Lawful Status During the Transfer
Maintaining valid immigration status is critical throughout the transition. Do not resign from your current job until the new employer files the H-1B petition. Make sure your current employment ends only after the transfer petition is submitted. Retain all important records, including your I-94 admission record, USCIS correspondence, and recent pay stubs. Your I-94 controls how long you may remain in the U.S., so it’s vital to keep it updated, especially after job changes or international travel. Avoid traveling internationally while your transfer petition is pending. If travel is necessary, consult an immigration attorney before making plans.
Do You Need an Attorney?
Although hiring an immigration attorney is not legally required for an H-1B transfer, it can be highly beneficial. An experienced immigration lawyer can help avoid filing errors, ensure timely submission, and guide you through complex issues such as job classifications, wage levels, and eligibility for extensions. Both employers and employees gain peace of mind and legal clarity by involving a qualified attorney.
Final Thoughts
In conclusion, changing employers on an H-1B visa doesn’t have to be overwhelming. With the right information, preparation, and legal support, you can make a successful and strategic career move. The H-1B transfer process enables skilled professionals to continue building their careers in the U.S. without restarting from scratch. If you’re planning a job change in 2025, take the time to understand your rights and responsibilities. Visit the official USCIS and Department of Labor websites for the latest guidance and forms to ensure a compliant and confident transition.
