H-1B Visa Transfer Process: Fees, Processing Time, and More

By Imagility

Posted in Beneficiary, Blogs, Petitioner
March 30, 2023

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Table of Contents

H-1B visa transfer process
Documents required for H-1B visa transfer
H-1B transfer fees
H-1B transfer processing time
H-1B visa transfer premium processing
Concluding thoughts

Are you considering switching your job in the US and working with a new US employer? That’s great! But do you know the process to transfer your H-1B visa? Are you aware of the fees, processing time, and other crucial factors? If not, we are here to help you step by step.

To change your job, your new employer must submit an H-1B visa transfer petition with the USCIS, and you need not take permission from your previous employer. The new employer must submit the petition before the current employment ends There are several other things that you must know to successfully transfer your H-1B visa.

We will discuss the H-1B visa transfer process, fees, processing time, and more to provide you with a clear picture that will help you with a smooth job transition and H-1B visa transfer.

Here we go!

H-1B visa transfer process

Below is the H-1B transfer process that both (the beneficiary & employer) need to follow to transfer the visa successfully.

First, the new employer needs to file an LCA (Labor Condition Application) followed by filing the complete petition, I-140 form, to the USCIS. The employer must submit the petition before the current employment expires.
Next, pay the fees (discussed below).
Submit the documents that USCIS requires.
The new employer must file for premium processing in case the H-1B visa holder has stopped working with the current organization.
Wait for petition approval/rejection.

Documents required for H-1B visa transfer

It is important to know the documents you have to submit to the USCIS for an H-1B visa transfer. Let’s take a look at them.

For H-1B visa holder:

S. Visa and Forms I-797 and I-94
Employee resume
Evidence of the employment status (paystubs/a letter from the employer)
University degree and transcript
Academic evaluation
Passport copy

For employer:

Job offer letter containing the salary and the job title
A detailed description of job responsibilities and duties
Any marketing material of the company
Annual reports, business plan
Financial statements

H-1B transfer fees

The H-1B visa transfer fee is the same as a new H-1B visa. Since the employer is hiring a new worker, he has to pay relevant fees as mentioned below.

AWCIA fees: $750 for employers with less than 25 full-time employees working and $1500 for employers with more than 25 full-time employees. Fraud prevention and detection fees: $500
Basic filing fee for form I-129: $460
Public law fee: $ 4000 if the employer has above 50 employees and more than half are on H-1B or L visas.
The optional premium processing fee is $2500.

Note: Please check for the latest fee information on the USCIS website.

H-1B transfer processing time

H-1B transfer processing time may depend on some factors, including but not limited to the location of your employment, the location of your processing center, caseload, the number of staff members available, etc. However, on an average, it can take anywhere from 1 to 4 months.

H-1B visa transfer premium processing

To expedite your H-1B visa transfer process, you can opt for H-1B visa transfer premium processing. If so, you will know whether the petition is accepted/rejected in 15 calendar days. The fee for H-1B visa transfer premium processing is $2500. It’s important to note that premium processing does not guarantee acceptance of an H-1B visa transfer application, it only speeds up your H-1B visa transfer adjudication process.

Concluding thoughts

Having discussed the essential components required for an H-1B visa transfer, you can proceed with the H-1B visa transfer process. But ensure you comply with all the requirements for an H-1B visa transfer. Since it’s crucial to maintain your H-1B visa status, we recommend you get in touch with an immigration expert. You can contact us at sales@imagility.co to get immigration expert help.

Our immigration platform Imagility is a cloud-based and end-to-end immigration software packed with powerful features like petition building and petition analysis. The petition analysis feature evaluates the petition on nine critical factors using an algorithm, with recommendations on areas of improvement, increasing petition success rates considerably.

Imagility platform also supplements with the Imagility professional app that enables workers to track the petitions filed by their companies. Download the app on the Apple Store and Play Store now!