H-1B transfer checklist for HR teams

Before you extend an offer

• ☐Confirm candidate is in valid H-1B status or the 60-day grace period after separation
• ☐Verify job title, worksite address, and salary meet DOL prevailing wage for the MSA
• ☐Align start date with a realistic LCA + I-129 timeline (often 4–8 weeks to USCIS receipt)
• ☐Budget $2,999 filing service + USCIS government fees (+ premium processing if needed)
• ☐Assign an internal owner (HR, People Ops, or founder) for immigration coordination
• ☐Confirm the role qualifies as a specialty occupation (degree related to duties)

Documents to collect from the candidate

• ☐Passport biographical page and U.S. visa stamps
• ☐All prior H-1B I-797 approval notices
• ☐Most recent I-94 arrival/departure record
• ☐3–6 months of recent pay stubs from current H-1B employer
• ☐Degree certificate(s), transcripts, and credential evaluation if needed
• ☐Updated resume matching the offered role

Employer documents & setup

• ☐Detailed job description and offered annual salary
• ☐Worksite street address for LCA posting (not just HQ if different)
• ☐Federal Employer Identification Number (FEIN)
• ☐Signatory authority for DOL and USCIS forms
• ☐Company evidence (articles, org chart, or product overview if helpful)

Filing milestones (employer + counsel)

• ☐LCA prepared and filed with DOL
• ☐LCA notice posted at the worksite (10 business days)
• ☐LCA certified by DOL
• ☐Public Access File (PAF) created and maintained
• ☐Form I-129 petition and employer support letter finalized
• ☐Immigration attorney review complete
• ☐Petition filed with USCIS
• ☐Receipt notice (I-797C) received and saved

Before the employee starts work

• ☐Confirm AC21 portability rules with counsel — do not assume
• ☐Do not start paid work before authorized (receipt/portability analysis)
• ☐Update Form I-9 and payroll after authorized start date
• ☐Keep receipt, approval, and LCA copies in the employee immigration file
• ☐Notify payroll and benefits of work authorization dates

Typical employer timeline