H-1B Visa Transfer

To successfully file an H-1B transfer petition, it is important to ensure that the beneficiary is still employed on H-1B status or within 60 days of their termination or last paycheck. The applicant must provide evidence demonstrating that they have maintained valid H-1B status at the time of filing the transfer.

Upon receiving the Receipt Notice of a bona fide filing, the applicant can begin working for the new employer. A third-party client site placement adds an additional layer of documentation that must be considered.  In such cases, the H-1B sponsoring company must provide documentation to address concerns related to the employer-employee relationship and actual control. The documentation required by the H-1B sponsoring company includes end client letter, contract, and purchase order to establish the validity of the client site placement.

It is essential to consult with an immigration attorney or a qualified professional to ensure all the necessary documentation and requirements are met during the H-1B transfer process. Our law firm can provide guidance tailored to your specific circumstances and help maximize your chances of a successful transfer.

H-1B Visa Requirements – Change of Employer or H-1B Transfer

Requirements from Company

  • Beneficiary's job title, annual salary, job description, and start date
  • Beneficiary's work location(s), client site(s), and company headquarters' address(es), as well as any phone numbers for these locations
  • Petition's signer's name, title, contact information, and email address
  • Company's total workforce, including the number of workers who are currently in H-1B or L-1 status
  • Documentation proving the Federal Employer Identification Number (FEIN) of the business
  • Copy of the Certificate of Incorporation
  • Copies of the business's most recent federal corporate tax return or yearly gross income
  • If the beneficiary is going to work off-site, the beneficiary's employment contract with the company, a purchase order or contract, a vendor agreement between the petitioner and the client site, and itinerary, are essential too.

Requirements for Foreign Nationals

  • U.S. home address
  • Home address abroad
  • Social security number (SSN)
  • Copies of three most recent pay stubs (last pay stub should be from most recent pay period – biweekly, semimonthly, monthly, etc.)
  • Copy of Biographic (photo) page of the passport
  • Copy of front and back of most recent I-94 card
  • Copy of every U.S. visa stamp in the passport
  • Copy of entry stamp in the passport for the first entry to the U.S. in H-1B or L-1 status
  • Copy of every I-797 H-1B, L-1, or other approval notices ever issued
  • Copies of all previous U.S. visa stamps, I-797 approval notices, and other documentation related to all nonimmigrant status previously held in the U.S.

o   For individuals who went to school in the U.S., copies of F-1 visa stamp(s), all I-20s issued in connection with F-1 status, and EAD card issued in connection with OPT (if applicable)

o   For individuals who held J-1 status, copies of J-1 visa stamp(s) and all DS-2019s (or IAP-66s) issued in connection with that status, and I-601 waiver of two year residence requirement (if applicable)

o   Copies of every U.S. visa stamp for all other nonimmigrant visa status, (B1/B2, H-4, L-1, L-2, etc.)

  • Copy of diploma and transcripts/marksheets for every post-secondary degree and copy of educational credentials evaluation from previous petitions (if available)
  • Work experience letters displaying three years of work experience for every missing year of university study (letters must appear on company letterhead, be signed by an authorized official of the company, and list your job title, dates of employment, number of hours per week (or indicate full-time), and include a description of job duties) *for those without four full years of university study*
  • Copy of up-to-date resume (street resume, not project-based resume)
  • Copies of the PERM application filed on your behalf and/or the I-140 receipt or approval notice for any immigrant petitions filed on your behalf * if in middle of the green card process*

Dependent Requirements

For Dependent Spouse (without own visa):

  • Copy of Marriage Certificate registered with the civil authorities, with certified translation (if available)
  • Copy of Biographic (photo) page of the passport
  • Copy of front and back of most recent I-94 card
  • Copy of every U.S. visa stamp in the passport
  • Copy of entry stamp in the passport for the first entry to the U.S. in H-4 or L-2 status
  • Copy of every I-797 H-4 approval notice ever issued
  • Copies of every previous U.S. visa stamp, I-797 approval notices, and other documentation related to all nonimmigrant status previously held in the U.S.

For Dependent Spouse Child(ren):

  • Copy of Birth Certificate registered with the civil authorities, with certified translation (if available)
  • Copy of Biographic (photo) page of the passport
  • Copy of front and back of most recent I-94 card
  • Copy of every U.S. visa stamp in the passport
  • Copy of the entry stamp in the passport for the first entry to the U.S. in H-4 or L-2 status
  • Copy of I-797 H-4 approval notices ever issued
  • Copies of every previous U.S. visa stamp, I-797 approval notices, and other documentation related to all nonimmigrant status previously held in the U.S.

Contact Us Today

We serve clients throughout the United States including New York and New Jersey and in the following localities: New York City; Albany County including Albany; Dutchess County including Poughkeepsie; Erie County including Buffalo; Monroe County including Rochester; Nassau County including Mineola; Onondaga County including Syracuse; Orange County including Goshen; Putnam County including Carmel; Rockland County including New City; Suffolk County including Riverhead; Ulster County including Kingston; Westchester County including White Plains; Bergen County including Hackensack; Essex County including Newark; Hudson County including Jersey City; Middlesex County including New Brunswick; and Union County including Elizabeth. Attorney Advertising.

Menu