How The H1B Visa Transfer Process Works?

Immigrants and other foreigners who come to the United States for work usually have to apply for a visa to get a job. However, not all visas have the same requirements or application process. One such process that specifically concerns non-US citizens looking to change jobs is the H-1B visa transfer process.

What is H-1B Visa ?

an H-1B visa allows foreigners to work in the United States if they have a job opportunity. It also allows employers to temporarily hire qualified non-citizen employees in specialized occupations. The term “skilled professions” refers to highly skilled professional positions that require, at a minimum, a bachelor's degree in a specific field of study and typically involve a series of complex tasks and responsibilities. Examples of specialist occupations include accountants, architects, engineers, doctors, and investment bankers.

The U.S. employer and potential foreign employee must comply with the Conditions and Regulations of the United States Citizen and Immigration Services (USCIS) and the Department of Labor Standards in order to receive eligibility for an H-1B visa. There are many advantages to this type of visa, from its broad eligibility requirements (citizens of any country can apply) to a long and easily extendable length of stay. H-1B visa holders can also transfer their status from one employer to another and work part-time for multiple employers at once while maintaining their status.

Reasons / Benefits of Employer Transfer with an H-1B Visa

one of the main reasons that foreigners with H-1B visa status may seek to transfer employers is that such individuals are not required to obtain permission from their former employer for the visa transfer. Another benefit is that the new employer of an H-1B visa holder handles the initial stage of the transfer process by submitting a petition to USCIS.,

In addition, thanks to the American Competitiveness in the 21st Century Act (AC21) of 2000, H-1B holders can begin working for their new employer as soon as the latter has received a Notice of Action received from USCIS. that the visa transfer petition has been approved. There are several requirements that an H-1B holder must meet to be eligible for the transfer process.,

 

H-1B Visa Transfer Qualifications

  • The foreign person must be under approved H-1B status and begin employment on the date specified on the transfer petition submitted to USCIS.
  • If the potential employee has any gaps in employment – for example, if their employment with Employer H-1B was terminated prior to the transfer – it is recommended that the transfer be expedited by processing bonuses. This process to expedite the transfer does not affect the person’s start date with their new employer., Premium processing also does not guarantee an approved transfer request. Foreigners can submit forms like I-907 to request premium processing and expect a decision from USCIS within about 15 calendar days.
  • The person in question is required to provide pay stubs as proof of employment. Other types of documents such as a letter from an H-1B employer or a letter of leave are also accepted as proof of employment.

Other documents are also required in order to begin the bureaucratic process of H-1B visa job transfer.

H-1B Visa transfer documents

The potential employee with an H-1B visa and the employer are required to submit several separate transfer documents.

H-1B visa holder:

  • A US visa, Form I-797 and Form I-94. I-797 is a form that USCIS uses to contact visa applicants and petitioners to describe an immigration benefit. I-94 is an Arrival and Departure Registration form issued by Customs and Border Protection (CBP) to track aliens entering the United States.,
  • Curriculum vitae
  • proof of employment: pay stubs, letter of discharge or letter from employer
  • University Diploma (studies or technical diplomas) & transcript (copy of transcript)
  • academic assessment, including letter from Registrar to certify completion of study credits
  • letter of recommendation

American employer:

  • job letter that includes job title and description and salary. Both the employer and the H-1B visa holder must sign this letter.,
  • a detailed description of the duties and responsibilities of the job.
  • Company Marketing Materials
  • financial statements, business plans or annual reports

 

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