Reference · Job changes and extensions

H-1B Transfer to a New Employer: How It Works

A change of employer requires a new H-1B petition, a certified LCA for the new employment, and the applicable fees. Cap exemption and permission to start before approval are separate questions. Prior H-1B status alone does not establish both.[1]
New petitions filed
1
Lottery entries
Depends on cap eligibility
Fees
Applicable petition fees
Work can start
If portability applies

The four steps

How a “transfer” actually proceeds

1.The new employer files a Labor Condition Application

The new sponsor files an LCA with DOL and attests to the required wage and working conditions. DOL certifies the application after its form review. Disclosure data includes the occupation and worksite.[2][3][4][5]

2.The new employer files Form I-129 with USCIS

The new employer files Form I-129 for the proposed employment. The fees depend on the petitioner and petition type. See the fee guide for exemptions and additional charges.[6]

Rule and exceptions

The rule: a worker previously counted against the cap can usually change employers without another selection, if still eligible for the exemption. The exception: moving from cap-exempt employment to a cap-subject employer can require selection. Time remaining and prior cap counting matter (8 CFR 214.2(h)(8)).

3.Work may begin when portability applies

An eligible worker may start when the petition is properly filed or on its requested start date, whichever is later. A receipt notice helps document filing. If USCIS denies the petition, work authorized by that pending petition must stop. Another valid approved petition can still matter.

Rule and exceptions

The rule: an eligible H-1B worker may start new employment when a nonfrivolous petition is properly filed, or on its requested start date, whichever is later. The petition must request an amendment or extension before the authorized stay expires, and the worker must have no unauthorized employment since the last admission (8 CFR 214.2(h)(2)(i)(H)). The new job must qualify for H-1B status; portability does not require the same occupation. The exception: filing alone does not authorize work when these conditions are not met.

4.Adjudication

USCIS may approve, request evidence, or deny the petition. Our enforcement pages show DOL records. DOL LCA outcomes are separate from USCIS petition decisions.[7]

The record both employers leave

The record both employers leave

The new employment must have a certified LCA. An LCA can cover more than one worker. Public disclosure rows do not identify each beneficiary, so they cannot trace an individual move between employers. In fiscal year 2026, the archive contains 109,417 LCAs. This is a filing count, not a count of individual employer changes.

Check any sponsor's filing record before you sign, or see what your occupation pays.

FAQ

H-1B transfer FAQ

H-1B transfer FAQ

Is there a lottery for an H-1B transfer?

A worker previously counted against the cap can usually change employers without another draw while eligible for the exemption. Prior H-1B status alone is insufficient. A move from cap-exempt to cap-subject employment can require selection.

How long does an H-1B transfer take?

Processing time varies. Premium processing ($2,965 for requests postmarked on or after March 1, 2026) requires an adjudicative action within 15 business days. An eligible worker can start when the petition is properly filed or on its requested start date, whichever is later.[8][9]

What happens if the transfer is denied?

Employment based on the pending petition must stop if USCIS denies it. Whether the worker can remain or resume other employment depends on any valid approved petition, maintained status, and other applicable rules. A denial does not make the earlier authorized portability work unauthorized retroactively.

Does a transfer reset the H-1B six-year clock?

No. The six-year maximum is per person, not per employer. Time spent on H-1B counts across all employers, though certain green-card process milestones can extend it.

How do I vet a new H-1B sponsor?

Search the employer’s DOL filings for offered wages, worksites, and representatives. Compare those offers with the stated BLS benchmark. LCA denials are DOL decisions; they do not show USCIS petition denials or actual wages paid.[10]

Can I transfer right after arriving in the U.S.?

No minimum tenure alone controls portability. The worker and new petition must meet the statutory and regulatory conditions before work starts.

References

  1. [1] Law or rulemaking · eCFR. 8 CFR 214.2. 8 CFR 214.2(h)(2)(i)(A), (D)–(E); (h)(4)(i)(B), including (B)(3) third-party requirements; (h)(9)(i); (h)(10)(ii), (iv); (h)(18): petition, LCA, approval and denial notices; 8 CFR 214.2(h)(2)(i)(H); 8 CFR 214.2(h)(8); 8 CFR 214.2(h)(13)Petition approval, visa issuance, admission, and work authorization are separate steps.; Read the eligibility conditions, start date, denial rule, and successive-petition provisions.; The regular cap, advanced-degree exemption, employer exemptions, and prior cap counting have distinct conditions.; The normal six-year limit has recapture, AC21, and other specified exceptions.Checked 2026-10-17.
  2. [2] Law or rulemaking · eCFR. 20 CFR 655.730. 20 CFR 655.730(c): application fields; 655.730(d)(1)–(4): wage, working-condition, strike/lockout and notice attestations; 20 CFR 655.730(b)DOL reviews completeness and obvious inaccuracies. The regulation describes a usual seven-working-day decision. Certification does not establish compliance in practice.Checked 2026-10-17.
  3. [3] Law or rulemaking · eCFR. Required wage and wage sources. 20 CFR 655.731(a)The required wage is the higher of the actual wage and prevailing wage. An independent market median is a comparison, not this legal test.Checked 2026-10-08.
  4. [4] Law or rulemaking · eCFR. Working-condition attestation. 20 CFR 655.732(a)Checked 2026-10-08.
  5. [5] Dataset documentation · DOL OFLC. LCA public disclosure record layout (FY2026 Q3). Pages 1–4: application, DOL outcome and dates, requested positions, employer, representatives, worksites and pay unitsThis layout covers determinations issued October 1, 2025 through June 30, 2026. It documents employer-provided application fields and DOL decisions, not USCIS decisions, payroll verification, legal bills or worker-linked moves. Older layouts can differ.Checked 2026-10-17.
  6. [6] Law or rulemaking · eCFR. USCIS fee schedule. 8 CFR 106.2(a)(3)(i), (c)(4)–(5), (c)(8), (c)(11) and (c)(13)Includes registration, I-129, small-employer and nonprofit rates, and the asylum program fee in paragraph (c).Checked 2026-10-17.
  7. [7] Law or rulemaking · eCFR. Requests for evidence and response deadlines. 8 CFR 103.2(b)(8)The notice states the deadline. The regulation permits up to 12 weeks for an RFE response; it does not promise a total adjudication time.Checked 2026-10-08.
  8. [8] Law or rulemaking · eCFR. Premium processing action clock. 8 CFR 106.4(e)(2)Read paragraph (f) for action, RFE reset, and refunds. Premium processing does not guarantee approval.Checked 2026-10-12.
  9. [9] Law or rulemaking · DHS. Adjustment to Premium Processing Fees. 91 FR 1059; Form I-129 H-1B rate; requests postmarked on or after March 1, 2026Checked 2026-10-12.
  10. [10] Dataset documentation · BLS. OEWS technical notes (May 2025). Scope of the survey; occupational coding; concepts and estimation methodologyDocuments occupation and geographic wage estimates, not an individual worker’s pay. Use the estimate year and geography stated by the site; older releases can differ.Checked 2026-10-17.

Changing employers keeps the clock running. Next: how extensions work inside the six-year budget.

Keep going

Processing TimesNext: H-1B Extensions