Can You Change Jobs on an H-1B Visa? What You Need to Know

If you’re working in the U.S. on an H-1B visa and get a new job offer, you might be wondering if you can take it. The short answer is: yes, you can change jobs while on an H-1B visa, but there are specific rules you must follow.

Understanding how to legally switch employers is important. Failing to follow the process could put your visa status at risk. 

Why You Might Want to Change Jobs on an H-1B

There are many reasons H-1B workers look for new jobs. You may have found a better-paying opportunity, a more senior position, or a workplace that better fits your goals. In some cases, your employer might be laying off workers, shutting down, or not treating employees fairly.

A move may also be needed for personal reasons, like following a spouse who relocated or seeking better work-life balance. Whatever the reason, it’s important to plan your next steps carefully.

What Is H-1B Portability?

H-1B portability is a rule that allows you to start working for a new employer as soon as they file a transfer petition with U.S. Citizenship and Immigration Services (USCIS); you don’t have to wait for approval. This rule, part of the AC21 law, helps H-1B workers change jobs faster.

But portability only works if you’re already in valid H-1B status, the new job is similar to your current one, and the petition is filed properly.

Requirements for Changing Jobs on an H-1B Visa

To legally change employers on an H-1B visa, you must meet certain conditions:

• You must currently be in valid H-1B status (not out of status or working illegally).
• Your new employer must file an H-1B transfer petition (Form I-129) with USCIS.
• The new job must also qualify as a “specialty occupation”(usually one that requires a bachelor’s degree or higher).
• The new employer must get a certified Labor Condition Application (LCA) from the U.S. Department of Labor.
• You don’t have to go through the H-1B lottery again if you’ve already been counted under the cap.

One important thing to know: you cannot file this petition yourself. Only your new employer can do it.

How to Transfer Jobs on an H-1B

Here’s how changing jobs on an H-1B works:

1. Receive a Job Offer

You accept a new job that qualifies as a specialty occupation and fits the H-1B requirements.

2. New Employer Files an LCA

Your new employer submits a Labor Condition Application to the Department of Labor. This usually takes around seven business days to get approved.

3. New Employer Files Form I-129

Once the LCA is certified, your employer files an H-1B transfer petition with USCIS, including your resume, degrees, current visa info, and support letters.

4. Start Work After USCIS Receives Petition

Thanks to H-1B portability, you can legally begin working for your new employer once USCIS issues a receipt notice for the petition. But there’s a risk: if the petition is later denied, you may have to stop working and could fall out of status.

5. Wait for USCIS to Approve the Transfer

You can choose between regular or premium processing. Either way, it’s a good idea to keep copies of all receipts and correspondence.

How Long Does It Take to Change Jobs, and How Much Does It Cost?

The new employer must submit a Labor Condition Application (LCA) to the Department of Labor, which usually takes about seven business days to process. After the LCA is certified, the employer can file the H-1B transfer petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS).

Standard processing for the petition can take anywhere from two to six months, depending on the current USCIS workload. However, employers can pay an additional fee for premium processing, which guarantees a decision within 15 calendar days.

Costs:

• Filing fees range from $1,710 to over $6,000, depending on employer size and other factors.
• For expedited processing, the premium processing fee is $2,805.
• Many employers also pay attorney fees, which often range from $1,000–$3,000.

Employers are legally required to cover certain fees. It is a red flag if you’re asked to pay for the entire process yourself.

Common Mistakes to Avoid

Changing jobs on an H-1B is legal, but mistakes can lead to serious problems. Here are some things to watch out for:

• Gaps in employment: Try not to leave your old job before your new employer files the petition.
• Petition denial: If USCIS denies the transfer after you’ve already switched jobs, you may have to leave the U.S.
• Inconsistent job details: Make sure your job title, salary, and duties match the LCA and petition.
• Ignoring RFEs: If USCIS asks for more information (a Request for Evidence), respond quickly and completely.

Whenever in doubt, speak with an immigration attorney before making a move.

When You Might Need to Change Status Instead

In some cases, changing employers may not be the right move or may not be allowed. You may need to change your visa status instead. Common reasons include:

• Losing your job and not finding a new one quickly
• Deciding to go back to school (F-1 visa)
• Starting a company and qualifying for another visa type (like O-1 or L-1)
• Marrying a U.S. citizen and applying for a green card

A skilled immigration lawyer can help you explore these options and avoid gaps in your legal status.

Questions about Changing Jobs On an H-1B? Contact American Immigration Law Group

Yes, you can change jobs while on an H-1B visa, but it’s important to follow the correct legal steps. Moving too fast or skipping requirements could put your future in jeopardy.

If you’re considering a job change, reach out to American Immigration Law Group today. We’ll help you understand your options and make the move with confidence.