H-1B Change of Employer: 2026 Guide for Employers

An H-1B change of employer — often called a transfer — lets a worker move from one sponsoring employer to another without a new lottery selection, as long as they are already in valid H-1B status (or within the 60-day grace period after separation). For employers, the process is a full petition filing: certified LCA, Form I-129, support letter, and evidence packet.

What the new employer must file

• Labor Condition Application (LCA) with DOL for the new worksite and wage level
• Form I-129 petition with USCIS, including updated job description and employer support letter
• Evidence of specialty occupation and beneficiary qualifications
• Proof of maintenance of status (prior I-797s, pay stubs, I-94)
• Public Access File (PAF) for the certified LCA

Typical employer timeline

• Week 1–2: Candidate document collection and case intake
• Week 2–3: LCA preparation and DOL filing (certification often 7–10+ business days)
• Week 3–4: I-129 petition assembly and attorney review
• Week 4–5: USCIS filing; receipt notice usually within 1–2 weeks
• Premium processing: USCIS adjudication in 15 business days after receipt (optional USCIS fee)

Small and mid-size employers often lack an in-house immigration team. h1bfiling.com handles change-of-employer filings end-to-end — LCA through USCIS submission — with a dedicated immigration lawyer on every case and flat $2,999 pricing (USCIS fees separate).