To complete an H-1B visa transfer, essential documents include the current valid H-1B visa, the latest I-797 approval notice, and a detailed job offer letter from the new employer. Proof of educational qualifications such as degrees and transcripts must be submitted along with pay stubs from the current employer to demonstrate ongoing employment. The prospective employer also needs to file a Labor Condition Application (LCA) approved by the Department of Labor.
What Documents are Required for H-1B Visa Transfer?
| Number | Name | Description |
|---|---|---|
| 1 | I-797 Approval Notice (Current & Prior Employers) | The H-1B visa transfer process requires submitting the I-797 Approval Notices from both the current and prior employers to verify continuous legal status and employment authorization. These documents serve as crucial evidence of previously approved H-1B petitions, ensuring compliance with U.S. Citizenship and Immigration Services (USCIS) regulations. |
| 2 | LCA (Labor Condition Application) Correspondence | The Labor Condition Application (LCA) correspondence is a crucial document for H-1B visa transfer, as it verifies the employer's compliance with wage and working condition requirements mandated by the Department of Labor. Employers must submit the certified LCA, demonstrating adherence to prevailing wage standards and ensuring the transfer petition maintains the beneficiary's legal work status. |
| 3 | Employer Support Letter (for Transfer) | The Employer Support Letter for H-1B visa transfer must include detailed job description, terms of employment, and evidence of the employer's ability to pay the offered wage, ensuring USCIS compliance. This letter serves as a critical document validating the new employer's intent and capacity to support the beneficiary's H-1B status transfer. |
| 4 | Recent Pay Stubs or Salary Slips | Recent pay stubs or salary slips are crucial documents required for an H-1B visa transfer as they verify continuous employment and current wage compliance with U.S. Department of Labor standards. These pay stubs must reflect consistent salary payments from the current employer to demonstrate ongoing lawful H-1B status and support the transfer petition. |
| 5 | H-1B Recapture Time Documents | H-1B visa transfer requires submission of original H-1B approval notice (I-797), current pay stubs, and a valid passport, with particular emphasis on thorough documentation of H-1B recapture time, including previous I-94 records to track time spent outside the U.S. accurately. Detailed employment verification letters and detailed travel history supporting the recapture claim ensure compliance with USCIS guidelines for seamless visa portability. |
| 6 | Employment Verification Letter | An Employment Verification Letter is a crucial document for an H-1B visa transfer, confirming the current employer's authorization of the employee's job role, salary, and duration of employment. This letter must be on company letterhead, signed by an authorized representative, and include detailed information about the job position to establish the legitimacy of the ongoing employment relationship. |
| 7 | Most Recent Form I-94 | The most recent Form I-94 is a critical document required for an H-1B visa transfer, serving as proof of your lawful entry and current immigration status in the United States. Employers and immigration attorneys use the latest I-94 to verify dates of admission and authorize the change of employer under the H-1B transfer process. |
| 8 | End Client Letter (Third-Party Placement) | An End Client Letter is essential for an H-1B visa transfer involving third-party placement, as it verifies the job location, project details, and the client's authorization for the H-1B beneficiary's employment. This document must clearly state the scope of work, employment dates, and confirm that the H-1B worker will be assigned to the end client, ensuring compliance with USCIS requirements. |
| 9 | H-1B Amendment Receipt (if applicable) | The H-1B amendment receipt is required when there is a material change in the terms of employment, such as job location or position, during an H-1B visa transfer process. This receipt serves as proof that the employer has filed the amendment petition with USCIS and is essential to maintain lawful status while the petition is pending. |
| 10 | Copy of Previously Filed H-1B Petition Package | A copy of the previously filed H-1B petition package is essential for an H-1B visa transfer, including Form I-129, the original Labor Condition Application (LCA), and supporting evidence such as employer letters and pay stubs. This documentation verifies the beneficiary's status and employment history, facilitating a smooth transfer process with USCIS. |
Introduction to H-1B Visa Transfer
| Introduction to H-1B Visa Transfer | |
|---|---|
| The H-1B visa allows foreign professionals to work in the United States in specialty occupations. When changing employers, you need to initiate an H-1B visa transfer, which involves submitting a new petition with the U.S. Citizenship and Immigration Services (USCIS). This process permits continued legal employment without interruption, provided the transfer is approved. | |
| Document | Description |
| Current H-1B Approval Notice (Form I-797) | Proof of your existing H-1B status and approval from your current employer. |
| Valid Passport | Government-issued passport showing your identity and nationality, valid for the duration of the visa transfer. |
| Recent Pay Stubs | Proof of employment with your current H-1B employer, usually the last three pay stubs. |
| Employment Offer Letter | Letter from the new employer detailing the job position, salary, and employment terms. |
| Labor Condition Application (LCA) | Certified LCA filed by the new employer with the Department of Labor, confirming compliance with wage and labor standards. |
| Resume or Curriculum Vitae | Document outlining your educational background and professional experience related to the specialty occupation. |
| Copies of Educational Documents | Degrees, transcripts, or certifications supporting your qualifications for the specialty role. |
| Previous Immigration Documents | Copies of visa stamps, I-94 records, and any other relevant USCIS documents. |
Key Eligibility Criteria for H-1B Transfer
The H-1B visa transfer process requires several essential documents, including a valid passport, current H-1B approval notice (Form I-797), and the new employer's Labor Condition Application (LCA) certified by the Department of Labor. Key eligibility criteria for H-1B transfer include maintaining valid H-1B status, having an existing approved H-1B petition, and offering employment in a specialty occupation. Supporting documents such as recent pay stubs, the new employment offer letter, and educational qualifications must also be submitted to establish eligibility and ensure seamless visa transfer processing.
Essential Documents Required for H-1B Transfer
The essential documents required for an H-1B visa transfer include your current H-1B approval notice, passport, and valid visa stamps. Proof of employment with the current sponsor and a detailed job offer letter from the new employer are also necessary.
Additional documents include recent pay stubs, tax returns (such as W-2 forms), and educational credentials like degrees and transcripts. The new employer must file Form I-129 along with the Labor Condition Application (LCA) certified by the Department of Labor. Maintaining a complete and accurate document set ensures a smooth H-1B transfer process.
Employer’s Role in H-1B Visa Transfer Documentation
The employer plays a crucial role in the H-1B visa transfer process by providing specific documentation required by the U.S. Citizenship and Immigration Services (USCIS). Key documents include the Labor Condition Application (LCA) certified by the Department of Labor, the new job offer letter stating employment terms, and the employer's support letter detailing the job role and qualifications. These documents validate the new employment and ensure compliance with H-1B visa regulations during the transfer.
Employee’s Supporting Documents Checklist
When applying for an H-1B visa transfer, specific employee documents are essential to ensure a smooth process. Gathering your supporting documents carefully helps to meet USCIS requirements efficiently.
- Valid Passport - Your passport must be current and valid for the entire duration of your employment.
- Current H-1B Approval Notice (Form I-797) - The existing approval notice confirms your current H-1B status with your previous employer.
- Recent Pay Stubs - Pay stubs from the last three months demonstrate ongoing lawful employment and salary compliance.
H-1B Transfer Petition: Form I-129 Requirements
The H-1B transfer process requires submitting Form I-129 to petition for a change of employer. This form must be accompanied by specific supporting documents to ensure acceptance.
- Completed Form I-129 - The primary petition form that initiates the H-1B transfer request.
- Current H-1B approval notice (Form I-797) - Evidence of your existing H-1B status with the previous employer.
- Employment offer letter - Documentation from the new employer detailing job title, duties, salary, and start date.
Proof of Previous H-1B Status and Pay Stubs
Proof of previous H-1B status and recent pay stubs are essential documents when applying for an H-1B visa transfer. They establish your legal work history and ongoing employment compliance.
- Proof of Previous H-1B Status - This includes your most recent I-797 approval notice, which confirms prior legal H-1B employment.
- Recent Pay Stubs - Providing pay stubs from the last three to six months verifies continuous employment under your current H-1B visa.
- Employment Verification - These documents collectively demonstrate your authorized work status and eligibility for transfer to a new employer.
Submitting accurate proof ensures a smoother H-1B transfer process and compliance with USCIS requirements.
Education and Credential Documentation
What education and credential documents are required for an H-1B visa transfer? A detailed copy of your highest degree obtained is necessary to prove your educational qualifications. Official transcripts and credential evaluations may also be required to validate your foreign degrees.
Timing and Submission Process for H-1B Transfer
For an H-1B visa transfer, you must submit the petition before your current H-1B status expires. Required documents include your current H-1B approval notice (Form I-797), passport, and recent pay stubs.
The submission process demands strict adherence to USCIS timelines to avoid status gaps. Filing the transfer petition promptly ensures continuous employment authorization during the review period.
What Documents are Required for H-1B Visa Transfer? Infographic
