H-1B Transfers: How to Change Employers on H-1B

If you’re working in the United States on an H-1B visa and receive a job offer from another company, you don’t need to start the visa process over. Instead, you may be eligible for H-1B transfer, which allows you to move your sponsorship from your current employer to a new one. This process lets H-1B workers continue their careers without going through the lottery again. 

It’s important to note that an H-1B transfer requires your new employer to file a new H-1B petition before you can begin working. The good news is that once USCIS confirms receipt that your new employer filed a petition, you can start working right away – you don’t have to wait until the petition is approved. 

Does the new $100,000 H-1B visa fee impact H-1B transfers?

President Donald Trump signed a new executive order implementing a $100,000 fee on all new H-1B visa applications filed after 12:01 a.m. on September 21, 2025, including all petitions for the 2026 H-1B lottery, which is also undergoing substantial changes. 

The latest information from the White House has clarified that the new fee only applies to new H-1B applications made on behalf of beneficiaries outside the U.S. If you’re in the U.S., you can still change employers without them having to pay the $100,000 fee.

How does the H-1B transfer process work?

If your H-1B is portable, that means you can change employers. While we might refer to it as transferring your H-1B visa, your employer doesn’t actually exchange anything. 

To be eligible for portability, you must not have worked without authorization from the time of your last admission into the U.S., and your new employer must file a new petition before your current H-1B expires. 

However, since your new employer will need to file a new H-1B application, the process will be similar to the one you originally went through for your H-1B. And like the previous petition, the timeline could last months, so both you and your new employer should start preparing as soon as possible.

Step 1: New employer files Labor Condition Application

The first step in transferring your visa to a new job is for the new employer to offer you the job. 

After you get an offer to be hired, your new employer must submit a Labor Condition Application (LCA). Because the H-1B visa program intends to enable businesses to hire highly skilled workers, your new employer uses the LCA to argue for your specialized H-1B status. You can’t get an H-1B visa as a computer programmer and port it to a new job working retail, for instance. 

Step 2: New employer files a new Form I-129

After the LCA is approved, the new employer must file a new Form I-129 petition, except they’ll note you already have an H-1B and that you’re changing employers. Unless you are attempting to move from an H-1B cap-exempt to a cap-subject job, you don’t need to go through the H-1B lottery because you already have a visa. 

To complete the petition, your employer will likely ask for documentation, such as your passport and I-94.

Your new employer will also be required to pay filing fees, which are the same as those you paid when initially applying for your visa. These fees can vary depending on the size of your employer, its tax status, and your home country. 

Some of these fees include:

• I-129 base filing fee
• Fraud Prevention and Detection fee
• Asylum fee (paid by all employers except nonprofits)
• American Competitiveness and Workforce Improvement Act (ACWIA) fee

You can pay an extra $2,965 premium processing fee to receive a decision on your petition within 15 business days. Standard processing can take several months, and your new employer may prefer to wait until your I-129 is approved before you begin. If your new employer is unwilling to pay for premium processing, consider covering that cost yourself. 

When can I start working for the new company on an H-1B transfer?

When it comes to H-1B transfers, you don’t have to wait until the petition is approved to start working. You can begin your new job on whichever date is later: 

1. The date your employer files a non-frivolous I-129 petition on your behalf (non-frivolous means that your application follows the law).
2. The requested start date on the petition. 

Unlike the I-129 process for new H-1B applicants, if you’re transferring your H-1B, you can start working while waiting for approval.

How to transfer H-1B visa from cap-exempt to cap-subject jobs

Outside of some exceptions, the H-1B classification has an annual cap of 65,000 new visas per fiscal year, along with an additional 20,000 visas for individuals holding a master’s degree or higher from a U.S. institution of higher education. 

If USCIS receives more petitions than the H-1B cap allows, which has occurred every year since 2004, all cap-subject petitions are entered into a lottery, and visas are awarded randomly. Certain positions are exempt from the limit and, therefore, the lottery. 

If you want to transfer from a cap-exempt to a cap-subject job, you will have to enter the H-1B lottery. To avoid the lottery, you must transfer between cap-exempt jobs. If you are transferring from a cap-subject to another cap-subject job (i.e., you already were selected through the lottery for your current job), you don’t need to enter the lottery again. 

Start your H-1B change of employer with the right support

If you want to get a new job while on an H-1B visa, you’ll have to go through the transfer process. That means making sure petitions are filed on time, that your supporting documents are valid and up to date, and that you’re eligible in the first place.

If you’re an employer wondering what steps you need to take to bring an H-1B employee on board, Manifest Law’s H-1B lawyers have experience guiding companies of all sizes through the transfer process with confidence and compliance.

If you’re a worker on an H-1B visa considering a new opportunity, our team can help you understand your options, handle the paperwork, and ensure your transfer is completed smoothly so you can focus on your career. 

👉 Ready to get started? Request a consultation with Manifest Law today to learn how we can support your H-1B transfer.

FAQs

What is an H-1B transfer?

An H-1B transfer is the process of moving your existing H-1B visa from one employer to another without going through the lottery again. Even though people call it a “transfer,” nothing is actually moved — your new employer files a fresh H-1B petition with USCIS on your behalf. Once USCIS confirms receipt, you can usually start working for the new company right away.

What do I do if I receive a Request for Evidence (RFE) while transferring an H-1B visa?

After filing your petition for an H-1B transfer, your new employer might receive a Request for Evidence (RFE) from the USCIS. This means the government wants additional evidence about your situation, or there was an issue with your filing. 

Common reasons for RFEs range from needing more information about your specialized status to missing application fees. Work with your new employer and attorneys to respond to RFEs accurately and promptly. The request should include a deadline.  

What if my H-1B visa has expired and I’m unable to transfer to a new employer?

You may be able to apply for an H-1B alternative, like the L-1 visa for managers and executives of multinational companies, or the O-1 visa for individuals with extraordinary ability.