How to transfer your H-1B visa to a new employer without losing status, including portability rules, costs, and timeline for 2026.
How to transfer your H-1B visa to a new employer without losing status, including portability rules, costs, and timeline for 2026.
H-1B workers can change employers through a process called H-1B transfer (technically a new I-129 petition by the new employer). Under H-1B portability rules from the American Competitiveness in the Twenty-First Century Act (AC21), workers can begin employment with the new employer as soon as the new I-129 petition is filed, without waiting for approval. The I-129 filing fee is $1,055 plus $600 Asylum Program Fee. Premium processing costs $2,805 ($2,965 after March 1, 2026) for a 15 business day decision. Transfers are not subject to the annual cap or lottery.
H-1B transfers are not subject to the 85,000 annual cap or lottery - they can be filed year-round.
Under AC21 portability, workers can begin employment with the new employer as soon as the new I-129 petition is filed (not upon approval).
The new employer files a new Form I-129 petition and LCA on behalf of the worker.
Filing fees include $1,055 (I-129) + $600 (Asylum Program Fee) + $500 (fraud fee for initial petitions, not always required for transfers).
Premium processing costs $2,805 ($2,965 after March 1, 2026) for a 15 business day decision.
The $100,000 Presidential Proclamation fee generally does not apply to transfers of workers already counted against the cap.
Workers should not leave the current employer before the new petition is filed to maintain valid H-1B status.
H-1B transfers are not subject to the 85,000 annual cap or lottery - they can be filed year-round.
Under AC21 portability, workers can begin employment with the new employer as soon as the new I-129 petition is filed (not upon approval).
The new employer files a new Form I-129 petition and LCA on behalf of the worker.
Filing fees include $1,055 (I-129) + $600 (Asylum Program Fee) + $500 (fraud fee for initial petitions, not always required for transfers).
Premium processing costs $2,805 ($2,965 after March 1, 2026) for a 15 business day decision.
The $100,000 Presidential Proclamation fee generally does not apply to transfers of workers already counted against the cap.
Workers should not leave the current employer before the new petition is filed to maintain valid H-1B status.
An H-1B transfer is technically a new H-1B petition filed by a new employer on behalf of a worker who is already in H-1B status. USCIS does not have a formal "transfer" category - instead, the new employer files a new Form I-129 petition requesting a change of employer for the H-1B worker.
The key advantage of H-1B transfers is that they are not subject to the annual cap of 85,000 or the lottery system. A worker who has already been counted against the H-1B cap can transfer to a new employer at any time during the fiscal year without entering the lottery.
Learn more about the H-1B visa
Under the American Competitiveness in the Twenty-First Century Act (AC21), Section 105(a), an H-1B worker can begin employment with a new employer as soon as the new I-129 petition is filed, provided:
The worker is currently in valid H-1B status
The new employer has filed a non-frivolous I-129 petition before the worker's current H-1B status expires
The worker was lawfully admitted to the U.S.
The worker has not been employed without authorization
This portability provision is critical because it allows workers to switch jobs without a gap in employment, even though standard I-129 processing takes 3-8 months.
Certified LCA from the Department of Labor for the new position
Form I-129 with H Classification Supplement
Detailed job description showing specialty occupation nature
Evidence of ability to pay the offered wage
Organizational information and employer credentials
Copy of current I-797 (H-1B approval notice) from current employer
Copy of current I-94 showing valid status
Copies of passport, visa stamp, and prior immigration documents
Resume and educational credentials
Most recent pay stubs from current employer (to verify current H-1B employment)
Step 1: New employer obtains a prevailing wage determination and files an LCA with DOL (5-10 business days).
Step 2: New employer files Form I-129 with USCIS, including all supporting documentation and filing fees.
Step 3: Under AC21 portability, the worker can begin employment with the new employer as soon as the I-129 is received by USCIS (receipt date, not approval date).
Step 4: USCIS adjudicates the petition (3-8 months standard, 15 business days premium).
Step 5: If approved, worker receives a new I-797 approval notice with the new employer's information.
Step 6: If the worker needs to travel internationally, they may need a new visa stamp at a U.S. consulate reflecting the new employer.
Item | Cost / Timeline |
|---|---|
I-129 filing fee | $1,055 ($530 small employers) |
Asylum Program Fee | $600 ($300 small employers) |
Anti-fraud fee | $500 (may not apply to all transfers) |
ACWIA training fee | $750-$1,500 |
Premium processing | $2,805 ($2,965 after March 1, 2026) |
Standard processing | 3-8 months |
Premium processing | 15 business days |
LCA processing | 5-10 business days |
Total minimum fees (small employer) | $2,080 |
Total minimum fees (large employer) | $3,655 |
Note: The $100,000 Presidential Proclamation fee generally does not apply to H-1B transfers for workers already counted against the cap. Consult an immigration attorney for confirmation.
File while the worker is still employed by the current employer and in valid H-1B status
Do not wait until the current H-1B expires - file well in advance
The worker should not resign from the current employer until the new I-129 is at least filed (to maintain portability eligibility)
The transfer does not reset the 6-year H-1B clock
Time spent with the previous employer counts toward the 6-year maximum
Extensions beyond 6 years are possible under AC21 if a PERM labor certification or I-140 has been filed for at least 365 days, or if an I-140 has been approved
A worker can hold H-1B authorization with multiple employers simultaneously
Each employer must file a separate I-129 petition
This is common for part-time or consulting arrangements
Travel while the transfer is pending can be risky
If the worker departs the U.S. before the new petition is approved, portability may be affected
Consult an immigration attorney before international travel during a pending transfer
Feature | H-1B Transfer | New Cap-Subject H-1B |
|---|---|---|
Lottery Required | No | Yes |
Annual Cap | Exempt (already counted) | Subject to 85,000 cap |
Filing Window | Year-round | 90 days after lottery selection |
Registration Fee | None | $215 |
Presidential Proclamation Fee | Generally exempt | $100,000 |
Portability (start work on filing) | Yes | No (must wait for Oct 1 start) |
I-129 Filing Fee | $1,055 | $1,055 |
Best For | Workers already in H-1B status | Workers not yet in H-1B status |
If the new employer's I-129 petition is denied, the situation depends on whether the worker has already left the previous employer:
Still employed by old employer: The worker remains in valid H-1B status with the old employer. No impact.
Left old employer, new petition denied: The worker may fall out of status. Options include filing an appeal, having the new employer file a motion to reopen, or departing the U.S. within a reasonable time.
Premium processing recommended: To reduce the risk of a gap, many workers use premium processing ($2,805) to get a decision within 15 business days before leaving the current employer.
Workers who resign before the new I-129 is filed lose portability eligibility. Always file the new petition while still employed.
Workers who were never counted against the H-1B cap (such as those on cap-exempt H-1B at universities who never held a cap-subject H-1B) may need to go through the lottery for a cap-subject transfer.
International travel while a transfer is pending creates complications. If the original H-1B has been revoked (because the worker left the old employer), re-entry on the old visa stamp may be denied.
The new employer's petition cannot extend H-1B status beyond the 6-year maximum unless the worker qualifies for AC21 extensions (PERM or I-140 filed/approved).
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
An H-1B transfer is technically a new H-1B petition filed by a new employer on behalf of a worker who is already in H-1B status. USCIS does not have a formal "transfer" category - instead, the new employer files a new Form I-129 petition requesting a change of employer for the H-1B worker.
The key advantage of H-1B transfers is that they are not subject to the annual cap of 85,000 or the lottery system. A worker who has already been counted against the H-1B cap can transfer to a new employer at any time during the fiscal year without entering the lottery.
Learn more about the H-1B visa
Under the American Competitiveness in the Twenty-First Century Act (AC21), Section 105(a), an H-1B worker can begin employment with a new employer as soon as the new I-129 petition is filed, provided:
The worker is currently in valid H-1B status
The new employer has filed a non-frivolous I-129 petition before the worker's current H-1B status expires
The worker was lawfully admitted to the U.S.
The worker has not been employed without authorization
This portability provision is critical because it allows workers to switch jobs without a gap in employment, even though standard I-129 processing takes 3-8 months.
Certified LCA from the Department of Labor for the new position
Form I-129 with H Classification Supplement
Detailed job description showing specialty occupation nature
Evidence of ability to pay the offered wage
Organizational information and employer credentials
Copy of current I-797 (H-1B approval notice) from current employer
Copy of current I-94 showing valid status
Copies of passport, visa stamp, and prior immigration documents
Resume and educational credentials
Most recent pay stubs from current employer (to verify current H-1B employment)
Step 1: New employer obtains a prevailing wage determination and files an LCA with DOL (5-10 business days).
Step 2: New employer files Form I-129 with USCIS, including all supporting documentation and filing fees.
Step 3: Under AC21 portability, the worker can begin employment with the new employer as soon as the I-129 is received by USCIS (receipt date, not approval date).
Step 4: USCIS adjudicates the petition (3-8 months standard, 15 business days premium).
Step 5: If approved, worker receives a new I-797 approval notice with the new employer's information.
Step 6: If the worker needs to travel internationally, they may need a new visa stamp at a U.S. consulate reflecting the new employer.
Item | Cost / Timeline |
|---|---|
I-129 filing fee | $1,055 ($530 small employers) |
Asylum Program Fee | $600 ($300 small employers) |
Anti-fraud fee | $500 (may not apply to all transfers) |
ACWIA training fee | $750-$1,500 |
Premium processing | $2,805 ($2,965 after March 1, 2026) |
Standard processing | 3-8 months |
Premium processing | 15 business days |
LCA processing | 5-10 business days |
Total minimum fees (small employer) | $2,080 |
Total minimum fees (large employer) | $3,655 |
Note: The $100,000 Presidential Proclamation fee generally does not apply to H-1B transfers for workers already counted against the cap. Consult an immigration attorney for confirmation.
File while the worker is still employed by the current employer and in valid H-1B status
Do not wait until the current H-1B expires - file well in advance
The worker should not resign from the current employer until the new I-129 is at least filed (to maintain portability eligibility)
The transfer does not reset the 6-year H-1B clock
Time spent with the previous employer counts toward the 6-year maximum
Extensions beyond 6 years are possible under AC21 if a PERM labor certification or I-140 has been filed for at least 365 days, or if an I-140 has been approved
A worker can hold H-1B authorization with multiple employers simultaneously
Each employer must file a separate I-129 petition
This is common for part-time or consulting arrangements
Travel while the transfer is pending can be risky
If the worker departs the U.S. before the new petition is approved, portability may be affected
Consult an immigration attorney before international travel during a pending transfer
Feature | H-1B Transfer | New Cap-Subject H-1B |
|---|---|---|
Lottery Required | No | Yes |
Annual Cap | Exempt (already counted) | Subject to 85,000 cap |
Filing Window | Year-round | 90 days after lottery selection |
Registration Fee | None | $215 |
Presidential Proclamation Fee | Generally exempt | $100,000 |
Portability (start work on filing) | Yes | No (must wait for Oct 1 start) |
I-129 Filing Fee | $1,055 | $1,055 |
Best For | Workers already in H-1B status | Workers not yet in H-1B status |
If the new employer's I-129 petition is denied, the situation depends on whether the worker has already left the previous employer:
Still employed by old employer: The worker remains in valid H-1B status with the old employer. No impact.
Left old employer, new petition denied: The worker may fall out of status. Options include filing an appeal, having the new employer file a motion to reopen, or departing the U.S. within a reasonable time.
Premium processing recommended: To reduce the risk of a gap, many workers use premium processing ($2,805) to get a decision within 15 business days before leaving the current employer.
Workers who resign before the new I-129 is filed lose portability eligibility. Always file the new petition while still employed.
Workers who were never counted against the H-1B cap (such as those on cap-exempt H-1B at universities who never held a cap-subject H-1B) may need to go through the lottery for a cap-subject transfer.
International travel while a transfer is pending creates complications. If the original H-1B has been revoked (because the worker left the old employer), re-entry on the old visa stamp may be denied.
The new employer's petition cannot extend H-1B status beyond the 6-year maximum unless the worker qualifies for AC21 extensions (PERM or I-140 filed/approved).
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
Frequently Asked Questions
Can I start working for the new employer before the H-1B transfer is approved?
Yes. Under AC21 portability rules, you can begin working for the new employer as soon as the new I-129 petition is filed (received by USCIS), provided you are currently in valid H-1B status. You do not need to wait for the approval. Many workers use this provision to transition seamlessly between employers without a gap in employment.
Can I start working for the new employer before the H-1B transfer is approved?
Does an H-1B transfer require going through the lottery?
No. H-1B transfers are not subject to the annual cap or lottery. Workers who have already been counted against the H-1B cap can transfer to a new employer year-round. The new employer simply files a new I-129 petition. The only exception is if the worker was never counted against the cap (such as someone who only held a cap-exempt H-1B).
Does an H-1B transfer require going through the lottery?
How long does an H-1B transfer take in 2026?
Standard processing takes 3-8 months. Premium processing guarantees a USCIS decision within 15 business days for $2,805 ($2,965 after March 1, 2026). Since portability allows work to begin upon filing, many workers and employers use premium processing for certainty rather than necessity.
How long does an H-1B transfer take in 2026?
What happens to my green card process if I transfer H-1B employers?
It depends on the stage. If your I-140 has been approved for 180+ days and your I-485 has been pending for 180+ days, you can change employers under AC21 portability without restarting the green card process. If your PERM or I-140 is still pending, a job change typically requires restarting with the new employer. An approved I-140 preserves your priority date even if you change employers.
What happens to my green card process if I transfer H-1B employers?
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