Changing Employers While in H-1B Status
If you are currently working in the United States under H-1B visa status and are considering changing your employer, it’s essential to understand the legal steps and implications of this decision. At Espinoza Law Offices, we provide comprehensive legal services to guide you through this process smoothly and ensure your rights and status remain protected.
The H-1B Transfer Process
Unlike some other visa categories, H-1B visas are tied to a specific employer. This means that your current employer sponsors your visa and files a petition with U.S. Citizenship and Immigration Services (USCIS) on your behalf. If you want to work for a new company, your new employer will need to file a new H-1B petition for you.
Fortunately, H-1B status offers a benefit known as “portability.” This allows you to begin working for your new employer as soon as they file the H-1B petition with USCIS, provided your current H-1B status remains valid. This means you don’t necessarily have to wait for USCIS approval before starting your new job.
Steps to Transfer Your H-1B Visa
When considering a change in employers while on an H-1B visa, it’s crucial to follow a structured process to ensure the transition does not affect your legal status in the U.S. Here are the steps to guide you through an H-1B visa transfer:
Step 1: Secure a New Job Offer
Before initiating any transfer procedures, obtain a bona fide job offer from a potential new employer willing to sponsor your H-1B visa. This offer should be for a position that qualifies as a specialty occupation, requiring specialized knowledge and a relevant bachelor’s degree or higher.
Step 2: Preparation of the New H-1B Petition
Once you have a job offer, your new employer must file a Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition should include:
- A detailed description of the job duties, salary, and terms of employment.
- Documentation proving the job qualifies as a specialty occupation.
- Evidence of a valid employer-employee relationship.
- A Labor Condition Application (LCA) approved by the Department of Labor, certifying that the employer will pay the prevailing wage for the position in the geographic area where you will be employed.
Step 3: Submitting the Petition to USCIS
After gathering all necessary documents and completing the Form I-129, your new employer should submit the petition to USCIS. It is recommended to file the petition well in advance of your start date to avoid any gaps in your employment.
Step 4: Contact an Online Immigration Attorney
Consult with a skilled immigration lawyer in Lakeland, FL to review your new job offer, the associated legal documents, and the completed H-1B petition to ensure all aspects meet legal standards. An attorney can provide crucial advice on the transition process and help avoid common pitfalls that might jeopardize your H-1B status.
Step 5: Maintain Valid H-1B Status
To maintain lawful status, you must ensure that you do not begin working for your new employer until USCIS has received the H-1B transfer petition. You can start your new job upon receipt notice from USCIS, not necessarily waiting for final approval, thanks to the H-1B portability rules outlined in AC21 legislation.
Step 6: Monitoring and Compliance
Once you start your new employment, it is essential to comply with all H-1B regulations. This includes maintaining full-time employment and adhering to the terms of the employment originally submitted in the H-1B petition.
By following these steps, you can ensure a smooth transition to your new employer while maintaining your H-1B status. For detailed guidance and assistance throughout this process, the team of business immigration attorneys at Espinoza Law Offices is ready to help. Our experienced immigration attorneys can provide the support you need to navigate this transition effectively.
Contact Espinoza Law Offices Today
Changing employers while on an H-1B visa is a significant decision that requires careful legal consideration. Espinoza Law Offices is equipped to support you in this process, ensuring that all legal requirements are met and your immigration status is maintained. Contact us today to schedule a consultation and ensure your career transition is handled professionally.