What is the H1B Visa Transfer?
H1B Transfer
The H1B transfer process means that while you are in the U.S on an H-1B visa, you are offered another job.
The H1B visa is a US non-immigrant visa in the work visa USA category. Within the work visa category, the H-1 visa is for people with specialty occupations. This means that they have completed advanced education degrees or have extensive training. The most popular type of H-1 visa is the H1B or sponsorship visa.
The H1B visa allows people to work in the US temporarily within a specified period. The employer initiates the process of getting an H1B visa. This type of visa means you must find a job, and the employer will agree to sponsor you for the US government.
When you get to the US on an H1B visa, you have already found a job and will work for a particular employer. However, for different reasons, people sometimes want to change their employer. Where the H1B visa transfer process begins is detailed below.
What is the H1B Transfer?
H1B visa holders can change their employer while in the US under a process known as the H1B transfer. To apply for an H1B transfer, they must first accept the new job offer to have a valid H1B visa still. They can then initiate the H1B transfer status, which could take several months.
H1B Transfer Process
The H1B transfer process is similar to applying for the H1B visa initially. One difference between the initial H1B visa and the H1B visa transfer is the lack of a visa cap. The H1B visa has a cap of 65,000 people annually that can get this visa. But the H1B transfer has no visa cap. You do not count towards the visa cap to get the transfer. So if you already have an H1B visa, you do not go through the H1B lottery.
The process of applying for an H1B transfer visa is as follows:
Get a new employment offer
If you are currently working for employer A, you will need a job offer from employer B in the US to initiate the H1B transfer visa process. You cannot transfer to another employer if you have not yet been offered the job.
The employer needs to get a Labor Condition Application (LCA) from the Department of Labor (DOL)
US employers are not allowed to hire foreign workers without an LCA certification. Employers can get this document from the US Department of Labor. Employers apply for this certification by filing Form ETA9035E. This certification guarantees foreign workers that the US employer will treat them fairly by paying a full wage. It also states that they will get a good work environment. In addition, it tells the US government that the employer hires legally admitted foreign workers.
After the employer gets this certification, they can continue with the other steps.
The employer has to file the I-129 form with USCIS
The I-129 form of the H1B petition permits the employer to hire foreign workers. This form is handed to the United States Citizenship and Immigration Service. USCIS processes the form and either approves or denies the petition.
While processing, USCIS sends a receipt number to the employer and employee. Once this receipt number is received, the employee can begin working for the new employer. When the petition is approved, both parties accept the I-797 form. This form proves that the employee is legally allowed to work in the US for that specific employer.
In addition, the employer also has to file Form I-9 or the Employment Eligibility Verification form to USCIS.
The US employer pays the relevant fees.
During the application procedure for the H1B transfer, the fees are similar to initially getting the H1B visa. Since the employer is hiring a new foreign worker, they will have to pay the following H1B transfer fees:
The employee or the applicant has to submit these documents to USCIS:
Since you already have an H1B visa, you will not need to go through the entire process of applying for it again. So you will not file a DS-160 Form. You will only submit those documents to USCIS, who will process them. The only condition to apply for a transfer is that your current H1B visa is still valid. If it expires, you cannot apply for a transfer, but you will have to apply for the H1B visa again from the beginning.
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H1B Transfer Processing Time
The processing time for the H1B transfer documents depends on the method. It takes 1 to 4 months under a regular procedure and 15 to 30 days for premium processing. The answer from USCIS might be positive or negative.
However, if the applicant wants the processing to go faster, they will have to pay the H1B transfer premium processing. The fee for this service is relatively high, around $1,225. But if you choose this processing method, it will only take 15 to 30 days to process your application. With premium processing, you will find out whether you can start working at your new employer or if your petition has been denied.
To get an H1B transfer visa, there are several steps to take, each of which has an approximate timeline. The H1B transfer time is divided into these three steps:
Applying for the LCA
Since getting the LCA is the first necessary document to get an H1B transfer visa, nothing else can be done until this part is approved. Applying and getting the LCA takes approximately seven business days.
Gathering and submitting documents and fees to USCIS
The employee and the employer must gather all necessary documents and pay all the applicable fees. The process of submitting the documents takes around ten days.
Why Was Your H1B Transfer Denied?
There are instances where USCIS denies the H1B visa transfer. However, there might be a step before the denial. USCIS might send you a Request for Evidence (RFE). The RFE does not mean that your H1B transfer is denied, but it means that USCIS needs more documents to make a decision.
These documents can be different depending on the case, but in general, there are four types of RFEs:
.After the RFE documents are submitted by either the employer or employee, USCIS will decide. But what if the transfer is denied?
H1B transfers could deny, but USCIS will provide some reason for this. You can then reapply and get premium processing to get a faster response But to understand USCIS H1B transfer visa denials, here are some of the most common reasons why it happens:
Not paying the correct fees
USCIS fees change sometimes, and applicants do not regularly check. If you or your employer mistakenly submit insufficient payments or you completely forget to pay one of the fees, USCIS will deny the H1B transfer
Employee lacks proof of specialty occupation
The H1B visa is a specialty occupation and work permit. , Your transfer will be rejected if you apply for an H1B transfer for a job offer you got but cannot prove you have the qualifications. It happens because you might not have an advanced degree, or maybe your diploma is not the right fit for the position.
Failing to prove the employer/employee relationship
USCIS wants to make sure that your job offer is not fake. They want proof that there is an employment relationship. If they believe there is insufficient proof of such a relationship, they will deny the H1B transfer. To ensure this doesn’t happen, submit all documents, especially the work contract. The contract should be specific enough, detailing the job description and responsibilities, salary, as well as location of work.
The employer is unable to pay you.
If your employer has not submitted enough financial documents to prove that they can afford to pay your salary, USCIS will deny the H1B transfer. To avoid this, the employer should submit all required financial and tax documents and make sure that there is no reason why USCIS would believe their financial situation is insufficient to hire foreign workers.
Besides these reasons, there could also be others, such as:
These would give USCIS reason enough to deny your H1B transfer. Therefore, collect all the proper documents and fulfill all the requirements to get your H1B transfer approved.