Understanding H-1B Transfers in 2025

For U.S. companies employing foreign talent under the H-1B visa, the concept of an H-1B transfer often arises when a candidate seeks new opportunities or when your organization recruits a candidate already working in the U.S. on H-1B status.

This guide outlines how the H-1B transfer process works from an employer's perspective, including eligibility requirements, process steps, compliance responsibilities, and key considerations for hiring international professionals through a transfer.

What is an H-1B Transfer?

An H-1B transfer allows a current H-1B visa holder to change employers without going through the H-1B lottery again. For employers, this means you can hire someone who already holds H-1B status—as long as you file a new petition with USCIS.

Once your petition is filed, the candidate can typically begin working with your company immediately (known as “porting”), though some organizations prefer to wait for the USCIS receipt notice or approval as a risk-management step.

Employer Requirements for Sponsoring an H-1B Transfer

To successfully onboard a candidate via H-1B transfer, your company must:

• Submit a new H-1B petition (Form I-129) to USCIS on behalf of the candidate
• Offer a qualifying “specialty occupation” role, requiring a bachelor's degree or higher
• Meet prevailing wage requirements for the job and location
• Ensure the candidate is currently in valid H-1B status
• Confirm sufficient time remains on the individual’s existing H-1B visa (H-1Bs are valid up to 6 years total, with extensions for those in green card processes)

Step-by-Step H-1B Transfer Process (For Employers)

1. Job Offer & Documentation
   • Extend a formal job offer to the H-1B candidate
   • Gather documentation: employee’s resume, prior H-1B approvals, pay stubs, degree credentials
2. File a Labor Condition Application (LCA)
   • Submit LCA to the Department of Labor, confirming wage and working conditions compliance
3. File Form I-129 with USCIS
   • Include approved LCA, employee’s background documents, and required filing fees
4. Wait for Receipt Notice
   • Once USCIS issues the receipt notice, the employee can typically begin work under the “porting” rule
5. Receive USCIS Decision
   • If approved: the employee continues uninterrupted
   • If denied: the employee must stop working, and your company may need to evaluate backup options

Key Considerations for Employers

• 60-Day Grace Period:
  H-1B holders have a 60-day grace period after job loss to find a new sponsor and file a transfer petition.
• Premium Processing:
  Employers can opt for USCIS premium processing (15 calendar days) for faster decisions—especially useful for time-sensitive roles.
• Travel During Transfer:
  Candidates should avoid international travel while a transfer is pending. If urgent travel is required, consult immigration counsel.
• No Annual Cap Involvement:
  H-1B transfers are not subject to the annual lottery cap since the individual has already been counted.
• No Transfer Limit:
  There’s no cap on how many H-1B transfers an individual can make—though the total time spent in H-1B status is limited to 6 years (with some exceptions).

Need Help with H-1B Transfers?

If you're planning to onboard a candidate currently in H-1B status or want to ensure your transfer process is risk-free and compliant, schedule a consultation with our immigration team. We’ll handle the legal complexities—so you can focus on onboarding the best talent.

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