H1B Visa Transfer Guide: Process, Costs, and Timeline

Learn how to transfer your H1B visa to a new employer. Learn the procedure, costs, and timeline involved in the H1B transfer process, and get tips for success. 9 min read updated on September 24, 2024

Key Takeaways

The H1B visa transfer process allows H1B visa holders to change employers without having to participate in the annual visa lottery.

The process involves filing Form G-28 and Form I-129, obtaining an employment offer, submitting a Labor Condition Application, and paying the required fees.

The required documents are proof of current H1B status, an offer of employment, educational qualifications, and employer documentation.

Transferring H1B visa processing to a new employer takes an estimated 1-8 months, and premium processing is available for a faster decision.

The total cost for an H1B visa transfer varies between $1,710 and $6,460, depending on the size of the employer and any extra services.

Reasons for denial include insufficient documentation, failure to prove an employer-employee relationship, and failure to prove compliance with salary requirements.

Hiring an H1B visa attorney guarantees accuracy and compliance, which also contributes to the smooth processing of the transfer.

Post a job on UpCounsel to find an immigration lawyer in your state.

The H1B visa transfer process allows current H1B visa holders to change employers. The process applies only to current visa holders and is not subject to the annual 65,000 cap (which normally limits the number of visas approved in the United States).

When applying for an H1B transfer (also known as the H1B COE), it’s important to understand your chance of success. In 2023, the denial rate for H1B Transfer applications was only 3.5%, marking a significant drop from 24% in 2018.

Step-by-Step Guide to the H1B Visa Transfer Procedure

The process of H1B visa transfer includes the following steps.

Filing a Labor Condition Application
Submitting the necessary documents
Sending a USCIS petition letter

Here’s what the H1B transfer process encompasses step by step.

Step 1: Submit Form G-28

For a successful submission, the employer's immigration attorney must submit Form G-28 with an official signature from the new employer and detailed information in all sections of said form.

This will allow the concerned H1B lawyer to represent a client in various cases at the United States Department of Homeland Security.

Step 2: Get an Employment Offer

You’ll then need to get a job offer letter from the new employer to which you’re transferring your H1B visa. The USCIS will deny the transfer without an official job offer that proves eventual employment status.

Step 3: File a Labor Condition Application with the Department of Labor

Employers must apply to receive the Labor Condition Application (LCA) by filling out Form ETA9035E.

This is one of many H1B transfer requirements for hiring foreign workers. It guarantees the fair treatment of individuals traveling from abroad for work and fair compensation during their tenure.

The LCA is also an official agreement outlining that the new employer is, in fact, allowed to hire foreign workers. Once the Department of Labor approves the application, employers and applicants may continue the H1B visa transfer process.

Step 4: File Form I-129

Filing Form I-129 (Petition for a Nonimmigrant Worker) is an important step in the process because it permits the new employer to hire foreign workers. The USCIS will approve or deny the form (see their page here).

During processing, the new employer and prospective employee receive confirmation numbers.

Once the USCIS approves Form I-129, they will send Form I-797 for completion, which shows that the employee can legally work in the United States, as well as Form I-9 (Employment Eligibility Verification).

Step 5: Employer-Paid fees

The new employer must pay the following applicable fees:

H1B transfer fee	Amount
Registration fee	$10
Basic filing fee for Form I-129	$460
The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) Fee	$750 for employers with less than 25 full-time employees $1,500 for employers with more than 25 full-time employees
Fraud Prevention and Detection Fee	$500 per foreign worker
The Public Law Fee	$4,000 Note: Applicable for employers with over 50 employees, 50% of whom are on H1B visas.
Premium Processing Fees	$2,500 Note: This premium processing fee is the only fee the applicant pays, not the employer.

Step 6: Submit Required Documents

For the visa to be successful, the new employer must submit several necessary documents, which we’ll discuss in the next section.

Required Documents for H1B Visa Transfer

Employees and employers will each need to submit a number of important documents to the USCIS processing center. Spouses and children applying for a H-4 visa will also need to supply several documents.

What Are The Documents Required For H-1B Transfer?

Submit copies of the following documents for H1B transfer to the USCIS processing center:

From the Employee:

Current H1B visa and passport
Social Security card
Form I-797 (Notice of Action) from the previous employer
Form I-94 (Arrival/Departure Record)
Recent pay stubs
Tax returns
Degree or educational certificates
Resume
Applicable federal or state professional licenses

From the Employer:

US Employers must submit the following supporting documents as part of the transfer process to substantiate the legitimacy of the business and its role. These documents demonstrate that the company is in good legal standing with the United States government.

Company financial statements
Annual reports
A business plan outlining the role and responsibilities
Job details, including the length of the position and salary, as well as the responsibilities and description
Confirmation of LCA filing
Employment offer letter

For H-4 Visa Holders (Spouse and Children):

The H-4 visa is for spouses and unmarried children under 21 entering the United States simultaneously as workers and visa holders.

Spouses and children will submit the following documentation:

A receipt of the application fee
An interview appointment letter
A passport and two passport-sized photographs
A marriage certificate or birth certificate
Proof of relationship with the H1B holder
A copy of the worker’s H1B visa application
A copy of the worker’s Form I-129 (Petition for a Nonimmigrant Worker)
A copy of the worker’s passport
A copy of the worker’s letter of employment

Using the H-4 visa has many benefits, including:

The ability to study in the United States
Entry into the country without having to go through lengthier processes
Free travel in and outside of the United States
Obtaining an employment authorization document to work in the United States

During the H1B transfer process, you or your new employer are not required to file the DS-160 form, as you’ve already gone through the H1B visa process.

Ensure the current H1B visa is valid, as this is a requirement for the transfer. If your current H1B visa expires, you’ll need to restart the entire process from the beginning.

Timeline for H1B Visa Transfer

The H1B renewal processing can take up to eight months to complete, but it is commonly done within one to four months. Applicants can pay for premium processing, which speeds up a decision to 15 calendar days.

Visa holders should also be aware of H1B visa stamping (also called dropbox), which is available to those looking to renew their visas.

This process involves getting a visa stamp on your passport, so you don’t have to attend an in-person interview. In this regard, a visa stamp is important.

Check out more information on H1B dropbox eligibility.

Factors Affecting Timeline

Processing Center Workload:

The estimated processing time for an H1B visa transfer also depends on how busy the USCIS processing center is handling your application at that time.

Some centers are quicker because they have fewer cases to process. Others slow down if the volume is exceptionally high, as is the case at the beginning of the fiscal year and after almost any significant policy change.

Completeness of Submitted Documentation:

Ensuring you have submitted all required documents and that they are complete and correctly filed is critical to a smooth processing experience.

Applications that have missing, incomplete, or incorrect documentation may delay processing because USCIS may need to request additional information. Double-check your application for accuracy and completeness.

Potential Requests for Additional Information (RFEs):

USCIS will send a Request for Evidence (RFE) if they need more information. The RFE can be triggered for various reasons, including inconsistencies in the application, lack of evidence of the applicant’s qualifications, or questions about the position.

It is very important to respond quickly and thoroughly to RFEs, as this is the most common reason for delayed H1B visa transfers.

H1B Visa Transfer Costs and Fees

The total H1B visa transfer cost is between $1,710 and $6,460. It varies depending on the type of employer applying.

Additional costs will apply if your employer hires a lawyer. On average, H1B attorney visa costs can be $2,500. However, this number will increase or decrease depending on the law firm.

H1B Visa Transfer Fee (USCIS)

Below is a breakdown of H1B transfer fees paid to the USCIS:

How Much Does An H-1B Transfer Cost?

H1B transfer fee (USCIS)	Amount	Reason for Fee
American Competitive and Workforce Improvement Act of 1998 fee	$750 or $1,500	Employers with less than 25 full-time employees must pay a fee of $750, and employers with more than 25 must pay a fee of $1,500. Employers must pay these fees (rather than the foreign workers), as the USCIS considers it to be offset against wages.
Fraud Prevention and Detection Fee	$500	Employers hiring a foreign worker under the H1B nonimmigrant visa status or employers looking for current US foreign workers to transfer to their place of work must pay this fee. Employers should pay this fee by check or money order.
Public Law Fee 114-113	$4000	Employers with over 50 employees, of which 50% or more hold the H1B visa, must pay this fee. Employers should pay this fee by check or money order.
Fraud Prevention and Detection Fee	$150	This fee is only applicable to employers filing under the H2B visa.

H1B Visa Attorney Fee

The cost of an H1B visa attorney is approximately $2,500. You’ll likely find hiring an H1B work attorney beneficial to ensure proper application completion. The employer, not the foreign employee, generally covers attorney fees.

H1B Transfer Cost to Employer

The total cost of an H1B visa for employers ranges between $1,710 and $6,460.

Employers must pay all H1B visa transfer fees except the premium processing fee, which is optional. Foreign workers who want a quicker decision from the USCIS will need to pay the premium processing fee.

H1B Visa Extension

The H1B visa is valid for six years with an H1B visa extension.

The initial period of stay is three years. After that, you can request an extension of an additional three years. The processing time for an H1B extension is 15 days.

After a worker completes six years in the United States, which includes a three-year extension, they may be eligible to renew their H1B visa status. The best part? Renewals are not cap-subject.

Common Reasons for H1B Visa Transfer Denials

Here are some possible reasons the USCIS denied your H1B transfer:

Your employer could not meet the visa requirements. Employers must meet certain standards and submit completed supplementary documentation. If they don’t follow the guidelines outlined by the USCIS, it can impact a foreign worker’s chance to obtain an H1B visa.
The USCIS did not receive proof of the employer-employee relationship. This generally means that the employer failed to submit an official job offer as part of the application or did not provide sufficient proof of an employer-employee relationship.
The employer could not pay a fair salary. One of the application’s requirements is to provide a fair and equitable salary comparable to similar positions according to labor standards and regulations. Not meeting salary requirements can cause the application to be automatically denied.
The employee could not prove that the job offered is a specialty occupation. One crucial requirement for approval is showing evidence that a foreign worker can provide knowledge for a specialized field of work. This proof generally includes a job description, resume, and experience letter from previous employers.
The employer did not pay the correct fees. All employers must pay respective fees for approval (not including the premium processing fee paid by the applicant).

Benefits of Hiring an H1B Visa Attorney

Working with an attorney is an investment for your future and can streamline the process:

They ensure accuracy and compliance for H1B visa applications or transfer applications.
They’ll help you manage your expectations since the lawyer is well-versed.
They also help with other aspects of the H1B process. This includes conducting the initial H1B registration, following up on H1B visa lottery results, obtaining an accurate and in-depth description of jobs and salaries, completing the petition, managing required supporting documents, and responding to USCIS requests.

Conclusion: Final Steps and Considerations for a Successful H1B Visa Transfer

If you need help with the H1B transfer process and navigating immigration law, post a job on UpCounsel to get legal help.

We work with the top 5% of lawyers from prestigious law schools like Harvard and Yale Law. They have worked with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

UpCounsel also provides comprehensive information on other types of visas and processes, such as the H1B to green card process, and answers questions such as ‘Can I start business on H1B?’.

Navigating the H1B Visa Transfer Process: A Complete Overview