How to Convince a New Employer to Support Your H-1B Transfer

Disclaimer: Please note that the content of this article is based on student experiences and should not be considered legal advice.

Last weekend, George, who participated in the H-1B lottery Praying Event organized by GoElite, shared his journey to switch jobs after securing his H-1B visa last year. His story includes why he decided to make the move, how he navigated the H-1B transfer process, and how he convinced his new employer to support the transfer. Below, we’ll share George’s experience and the steps he took.

Understanding the Basics of H-1B Transfer

To successfully switch jobs and complete an H-1B transfer, George first needed to understand the process thoroughly. The good news is that if your H-1B visa was obtained through the lottery (H-1B cap-subject), you generally don’t need to go through the lottery again when changing jobs. However, if your current job is with a cap-exempt employer, such as a nonprofit or research institution, and you plan to move to a cap-subject employer, you might need to go through the lottery again. In simple terms, before deciding to change jobs, George needed to confirm whether his new employer would require an H-1B cap.

How to Convince a New Employer to Support an H-1B Transfer

To successfully transition to a new job, George needed to convince his new employer to apply for an H-1B transfer. To do this, George did his homework, gaining a deep understanding of the H-1B transfer process, required documents, costs, and timelines.

When communicating with the new employer, George first emphasized the value he could bring to the company. He detailed his work experience, technical expertise, and past achievements, explaining how he could quickly contribute to the company’s success. George’s goal was to show the new employer that supporting his H-1B transfer would be a smart investment for the company.

Next, George explained the H-1B transfer process to the new employer, highlighting that it is not overly complicated. He clarified that it typically doesn’t involve going through the lottery again, provided certain conditions are met. The key documents required for the H-1B transfer include:

• Labor Condition Application (LCA): Filed by the new employer to demonstrate they will pay the prevailing wage and that working conditions meet regulatory standards.
• Form I-129: The official application for the H-1B transfer.
• Supporting Documents: These may include George’s degree certificates, professional qualifications, passport, current H-1B approval notice (I-797A), and recent pay stubs.

Understanding that costs are a major consideration for many companies, George also provided a breakdown of the application fees:

• Base Application Fee: Approximately $460.
• Anti-Fraud Fee: $500.
• ACWIA Education and Training Fee: Ranges from $750 to $1,500, depending on the company size.
• Premium Processing Fee (optional): $2,500, which guarantees a decision within 15 calendar days.

Steps to Complete the H-1B Transfer

Once the new employer agreed to support the H-1B transfer, George needed to initiate the application process quickly. First, the new employer had to file the Labor Condition Application (LCA). After receiving approval, they would submit Form I-129 to U.S. Citizenship and Immigration Services (USCIS).

During this time, George was mindful of the 60-day grace period. If he stopped working, this period would begin, during which he would need to secure a new job and have the new employer submit the H-1B transfer application. As long as USCIS receives the application within the 60-day window, George can remain in the U.S. and start working for the new employer as soon as he receives the notice of receipt. To be safe, George decided to wait until he had the receipt notice before resigning from his current job.

The H-1B transfer application is similar to the initial H-1B application but does not require a lottery. George expected to receive his new H-1B within 2-3 months of submission. To expedite the process, he opted for premium processing, paying $2,500 to ensure a decision within 15 calendar days.

Preparing for Potential Risks

Despite his thorough preparation, George knew that the application could still be denied. For instance, if USCIS had concerns about his educational background, professional qualifications, or employment relationship, the application could be rejected. Therefore, George was careful in selecting his new employer, ensuring their financial stability and legal compliance to minimize the risk of issues during the H-1B transfer process.

Conclusion

George’s experience illustrates that with proper research, clear communication, and flexible strategies, it is entirely possible to successfully switch jobs and complete an H-1B transfer. For others considering an H-1B transfer, George’s case offers valuable insights. By understanding each step, staying compliant with regulations, and employing the right tactics, you too can successfully navigate the H-1B transfer process and unlock new career opportunities.