How to Persuade a New Employer to File an H-1B Transfer: An IT Engineer's Account

*Disclaimer: This content is based on a student's experience sharing and is for reference only; it should not be considered legal advice.

George is an IT engineer working in the United States on an H-1B visa. Although he has worked at his current company for two years, he has become increasingly dissatisfied with the work environment and salary: relationships with colleagues are cold, his boss offers limited support, and his pay is below expectations. George decides to change jobs and is fortunate to receive a satisfactory offer. But a new question arises: will changing jobs affect his current H-1B status? And how can he persuade the new employer to file an H-1B transfer for him?

Below, Wildfire shares how George handled the process based on his case.

Understanding the Basics of H-1B Transfer

To smoothly change jobs and complete an H-1B transfer, George first needs to understand the specific process. The good news is that if his H-1B visa was obtained through the lottery (i.e., H-1B cap-subject), he generally does not need to go through the lottery again when changing jobs. However, if his current job is at a cap-exempt entity such as a nonprofit or research institution, and he plans to move to a company subject to the cap, he may need to go through the lottery again. In short, before deciding to change jobs, George must confirm whether the new employer needs to obtain an H-1B quota through the lottery.

How to Persuade a New Employer to Support the H-1B Transfer

To successfully change jobs, George had to persuade his new employer to file an H-1B transfer for him. To that end, he prepared thoroughly in advance, gaining a comprehensive understanding of the H-1B transfer process, required documents, costs, and timeline.

When communicating with the new employer, George first highlighted the value he could bring to the company. He detailed his work experience, technical expertise, and past achievements, and explained how he could quickly get up to speed and help the company improve its performance. George's goal was to make the new employer see that supporting his H-1B transfer would be a very worthwhile investment for the company.

Next, George explained the specific operational process of an H-1B transfer to the new employer. He needed to tell the employer that the process is actually not complicated: it only requires submitting a Labor Condition Application (LCA) and Form I-129, and usually no new lottery is needed. The documents required for an H-1B transfer include:

• Labor Condition Application (LCA): submitted by the new employer to prove that the company will pay the required wage and that working conditions comply with regulations.

• Form I-129: the formal application for the H-1B transfer.

• Supporting documents: such as George's degree certificates, professional qualification proof, passport, current H-1B approval notice (I-797A), recent pay stubs, etc.

In addition, fees are a key consideration for many companies, so George also explained the application fees in detail, such as:

• Base filing fee: approximately $460.

• Anti-fraud fee: $500.

• ACWIA education and training fee: approximately $750 to $1,500, depending on company size.

• Premium processing fee (optional): $2,500 (if the company wants a decision within 15 calendar days, it can choose premium processing).

George stated that although these fees are typically covered by the company, he was willing to pay the premium processing fee to demonstrate how much he valued the new position and his sincerity. Through this flexible approach, George successfully alleviated the new employer's concerns and gained their support.

Specific Steps for the H-1B Transfer

Once the new employer agreed to support the H-1B transfer, George needed to start the application process as soon as possible. First, the new employer needed to submit a Labor Condition Application (LCA); after approval, they would submit Form I-129 to U.S. Citizenship and Immigration Services (USCIS).

During this process, George had to pay special attention to the 60-day grace period. Once he stopped working, he would enter this grace period. During this time, he had to find a new job and have the new employer file an H-1B transfer application for him. As long as USCIS received the application within these 60 days, George could continue to stay in the United States and could start working for the new employer immediately upon receiving the H-1B transfer Receipt Notice. To be safe, George decided to wait until he received the Receipt Notice before resigning from his current job.

In addition, an H-1B transfer application is similar to an initial H-1B application, but no new lottery is required. George could receive his new H-1B within 2-3 months after the new employer submitted the application. To speed up the process, he chose Premium Processing, paying $2,500 to ensure a decision within 15 calendar days.

Preparing for Application Risks

Although George had prepared thoroughly, he knew the application could still be denied. For example, if USCIS had doubts about his educational background, professional qualifications, or the employment relationship, the application could be denied. Therefore, George was especially cautious when choosing a new employer, ensuring their financial strength and operational processes were legal and compliant so that the H-1B transfer could be completed smoothly.

Summary

George's experience shows that in the H-1B transfer process, as long as you prepare thoroughly, communicate effectively, and adopt flexible strategies, you can successfully change jobs and start a new chapter in your career. For those also considering an H-1B transfer, George's experience offers a useful reference. By understanding each step, strictly following compliance requirements, and adopting appropriate strategies, you too can successfully complete an H-1B transfer and open up new career development opportunities.