H-1B Transfer: Process, Timeline & Fees in 2026

If you're an H-1B visa holder considering a new job, you don't need to re-enter the lottery to change employers. Under AC21 (American Competitiveness in the Twenty-First Century Act) portability rules, you can start working for a new employer once a nonfrivolous petition is properly filed with USCIS. This guide covers the H-1B transfer process (also called a change of employer): eligibility, steps, timeline, and fees. 

What an H-1B transfer actually is

Changing H-1B employers is often called a "transfer," but technically it's a new petition. Your new employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS rather than moving your existing visa.

The practical benefit: your prior cap count carries over. You're already counted against the annual H-1B lottery cap from your original petition, so no new lottery entry is required. Your new employer must still independently qualify the position as a specialty occupation, obtain a certified Labor Condition Application (LCA) from the Department of Labor (DOL), and pay the prevailing wage.

Your current employer's permission is not required. This differs from an H-1B amendment, where the same employer updates terms like work location or salary.

Eligibility for H-1B portability

You must meet eligibility requirements under INA section 214(n) portability provisions. These rules determine whether you can start working immediately upon filing.

To qualify for H-1B portability, you must meet these criteria:

• Valid H-1B status: You are maintaining lawful H-1B status or within the 60-day grace period after employment ends. Your dependents' status follows yours.
• Timely filing: Your new employer files the H-1B transfer petition before your current authorized stay expires. As the beneficiary of the petition, you must be in valid status at filing.
• Nonfrivolous petition: The petition is complete, including a certified LCA, detailed job description, and all required supporting documents.
• Same or similar occupation: The new position falls within a specialty occupation category consistent with your qualifications.
• No unauthorized employment: You have not engaged in unauthorized work during your current H-1B status.

Important note: The 60-day grace period is discretionary. File early to reduce scrutiny. If approaching status expiration, review the H-1B extension rules.

Once eligibility is confirmed, your new employer begins the multi-step filing process with the Department of Labor and USCIS.

The H-1B transfer process step by step

The H-1B transfer involves coordination between your new employer, the DOL, and USCIS. Here's how the process works.

• Step 1: Job offer and documentation: Your new employer provides a written job offer. You'll gather documents including your passport, I-94, prior H-1B approvals, recent pay stubs, and degree credentials.
• Step 2: Labor Condition Application (LCA): Your new employer files Form ETA-9035 with the DOL, certifying prevailing wage and working conditions. LCA certification takes approximately seven business days.
• Step 3: Form I-129 petition filing: Your H-1B employer files Form I-129 with USCIS, including the certified LCA, job description, your credentials, support letter, and immigration documents. The employer pays all filing fees.
• Step 4: Receipt notice: USCIS issues Form I-797C (Receipt Notice). Under portability rules, you can begin working once this receipt is issued. Most employers require it for Form I-9 verification.
• Step 5: USCIS adjudication: USCIS reviews the petition. If additional information is needed, they issue a Request for Evidence (RFE). Upon approval, you receive the H-1B approval notice (Form I-797) with a new I-94. You'll need a valid visa stamp for re-entry after international travel.

For faster decisions, your employer can request premium processing by filing Form I-907 with an additional fee of $2,805. Premium processing guarantees a response within 15 business days, though an RFE resets this clock.

H-1B transfer timeline

One of the most common questions H-1B workers ask is how long the transfer process takes. The answer depends on whether your employer elects premium processing. Standard processing can stretch several months, while premium processing compresses the USCIS decision window to 15 business days. Understanding these timelines helps you plan your job transition and set realistic expectations with your new employer.

Key point: you can begin working once USCIS issues the receipt notice, not when finally approved. Even with standard processing, your employment transition doesn't wait months.

Processing times vary by service center. Check the USCIS processing times tool for current estimates. An RFE resets the premium processing clock.

H-1B transfer fees

Understanding fee responsibility is essential before starting the transfer process. Your new employer pays most H-1B transfer fees, and immigration law prohibits passing certain mandatory costs to the employee. The table below breaks down each fee, the typical amount, and who is responsible for payment.

The $100,000 fee question: A September 2025 executive action introduced a $100,000 fee for certain new H-1B petitions. Per current USCIS guidance, this fee applies to petitions filed for individuals located outside the United States. Current H-1B holders inside the U.S. who are changing employers are typically not subject to this fee. This policy remains subject to active litigation, so confirm current requirements with an immigration attorney before filing.

Important note: By law, employers must pay the ACWIA training fee and Fraud Prevention fee. These mandatory fees cannot be passed to the employee or deducted from wages.

Disclaimer: Fee amounts change periodically and those listed above reflect common amounts at time of publication. Always consult the current USCIS fee schedule or an immigration attorney to confirm exact requirements before filing.

When can you start working

Under AC21, you may begin working once a nonfrivolous petition is filed, without waiting for approval. Most employers require the I-797C receipt for Form I-9 verification, and you can continue working throughout the petition's pendency. If USCIS denies the petition, your work authorization terminates and you would need another employer to file a new visa or prepare to depart.

This is distinct from the 240-day rule for H-1B extensions with the same employer. Under portability, you can work for the entire pendency regardless of the 240-day limit. Employers of H-1B cap-exempt workers follow slightly different rules, but the portability concept applies similarly.

Choosing the right support partner

H-1B transfers require coordination across the DOL, USCIS, and your new employer's HR and legal teams. If your situation doesn't fit the H-1B, alternatives like the O-1A visa or L-1 visa may apply. Timing errors, incomplete LCA filings, or documentation gaps can jeopardize your portability eligibility and delay your start date.

Lighthouse provides eligibility diagnostics to confirm you qualify for portability, document preparation that meets USCIS requirements, LCA coordination with the Department of Labor, expert legal review to reduce the risk of RFEs, and case management technology that tracks deadlines and filing status. Our approach combines experienced immigration teams with purpose-built software to keep your transfer on track. Start your H-1B transfer evaluation today.

Frequently asked questions

Can an H-1B visa be transferred?

Yes, you can change H-1B employers without re-entering the lottery by having your new employer file a new Form I-129 petition for your H-1B job. Technically it's a new petition rather than a literal transfer, but your prior cap count carries over. This means you skip the annual lottery process.

Does H-1B transfer need to pay $100,000?

Typically no for transfers inside the U.S. The $100,000 fee from the September 2025 executive action applies primarily to new H-1B petitions for individuals located outside the United States. Policy guidance continues to evolve, so verify current requirements before filing.

How long will an H-1B transfer take?

Standard processing takes 4-8 months; premium processing reduces this to 4-6 weeks. This assumes your current H-1B visa remains valid throughout. Under portability, you can begin working once USCIS issues the receipt notice, not upon approval, which shortens your practical wait time.

Is it hard to transfer H-1B?

The process is straightforward if you maintain valid status and your new employer files a complete petition. Complexity increases in grace periods or with employment gaps. Working with visa sponsorship experts or an immigration attorney for legal advice can help.

Does H-1B transfer give 3 years?

Standard transfers grant time remaining on your 6-year limit. Three-year extensions beyond six years require an approved I-140 with no available visa number for your green card category.

What is the new law for H-1B transfer?

The September 2025 proclamation introduced a $100,000 fee for certain petitions, primarily affecting individuals outside the U.S. Transfers for workers already here are typically unaffected. Consult an immigration attorney for current guidance.