Employer guide · Change of employer
H-1B transfer for employers
Hire candidates already in H-1B status without the lottery. We handle new LCA certification, Form I-129 change-of-employer petitions, candidate document intake, and lawyer review — flat $2,999 per case.
How H-1B transfer works
Change-of-employer petitions let U.S. employers sponsor talent already working on H-1B for a competitor or vendor. AC21 portability may allow work to begin upon USCIS receipt — not approval.
- 1
Confirm portability eligibility
Candidate must be in valid H-1B status (or within the 60-day grace period). Gather prior I-797 approvals, I-94, and recent pay stubs before extending an offer.
- 2
Open case & invite candidate
Create an employer account, start a change-of-employer case with the correct worksite, and invite the candidate to upload documents through the secure portal.
- 3
Certify new LCA with DOL
File a new Labor Condition Application for your worksite — prevailing wage, SOC code, notice posting, and PAF. Transfers skip the lottery but still require a fresh LCA.
- 4
Prepare & file Form I-129
Our immigration lawyers assemble the I-129 petition, employer support letter, and specialty-occupation evidence. Flat fee with lawyer review on every case.
- 5
USCIS receipt & start date
Upon USCIS receipt (I-797C), AC21 portability may allow the candidate to begin work for your company while the petition is pending — counsel confirms eligibility.
Typical transfer timeline
Assumes candidate documents are collected quickly via the employer portal.
- 1Open case & invite candidateDay 1
- 2Candidate documents completeDay 2–5
- 3LCA filed with DOLDay 5–7
- 4LCA certifiedDay 7–14
- 5I-129 filed with USCISDay 10–16
- 6USCIS receipt (I-797C)Day 14–21
Transfer documents
From employer
- Detailed job description and offered salary
- Worksite address for LCA posting
- Federal Employer Identification Number (FEIN)
- Signatory authority for DOL/USCIS forms
From candidate
- Passport and U.S. visa stamps
- All prior H-1B I-797 approval notices
- Current I-94 record
- 3–6 months recent pay stubs from current H-1B employer
- Degree certificates, transcripts, and resume
Why employers use h1bfiling
- Skip the annual H-1B lottery — candidates already in status
- Dedicated immigration lawyer on every transfer petition
- Flat $2,999 — LCA, I-129, and counsel review included
- Secure candidate portal for pay stubs, I-797 history, and degrees
- Track LCA, petition, and receipt milestones in one dashboard
- Built to reduce RFE risk on change-of-employer cases
H-1B transfer by city
Local prevailing wage, MSA rules, and employer notes for the top 20 U.S. H-1B markets.
H-1B transfer FAQ
What is an H-1B transfer (change of employer)?
An H-1B transfer is when a candidate already in H-1B status joins a new U.S. employer. The new employer files a new LCA and Form I-129 petition. The candidate does not re-enter the lottery.
How much does an H-1B transfer cost on h1bfiling.com?
Full change-of-employer filing — LCA, prevailing wage, PAF, and I-129 petition prep with lawyer review — is $2,999 flat. USCIS government fees are separate.
How long does an H-1B transfer take?
With documents ready: LCA certification in ~7–14 days, I-129 filed shortly after, and USCIS receipt often within 2–3 weeks. Premium processing can shorten USCIS adjudication to 15 business days after receipt.
Can the employee start working before USCIS approves the transfer?
Under AC21 portability, a candidate may begin working for the new employer upon USCIS receipt of a non-frivolous change-of-employer petition, if they were lawfully admitted and the prior status has not expired. Confirm with counsel for your case.
What documents does the candidate need for a transfer?
Passport, visa stamps, all prior H-1B I-797 notices, current I-94, 3–6 months of pay stubs from the current H-1B employer, degree transcripts, and resume.
Do I need a new LCA for a transfer?
Yes. Every new worksite requires a DOL-certified LCA with the correct prevailing wage and SOC code — even if the candidate stays in the same metro area or MSA.
$2,999 flat · lawyer on every transfer
Change-of-employer H-1B filing with LCA, I-129, candidate portal, and dedicated immigration counsel. USCIS fees separate.
Start transfer case