How to File An H-1B Transfer Petition

An H-1B is temporary work authorization for foreign national employees in speciality occupations. A specialty occupation is one that requires the worker possess at least a bachelor's degree or an equivalent number of years of experience. The H-1B is for work with the sponsoring employer. An H-1B can be transferred from one employer to another so long as the new employer files an H-1B petition for the candidate before employment commences. Preparation of the H-1B petition itself is an administrative task that can be performed by a Human Resources representative for the employer-sponsor.

• 1

  Confirm that the H-1B candidate is currently employed on an H-1B. If your firm has extended an offer to the employee, ask him not to resign his employment until the H-1B transfer has been filed.

• 2

  Request a copy of the candidate's current H-1B approval notice. Request copies of any additional H-1B approval notices from prior employers or periods of validity. Confirm that the candidate has not exhausted the six-year maximum for H-1B work authorization.

• 3

  Request a full copy of the candidate's passport (including blank pages), copies of degrees and transcripts, copies of any I-20 forms (from attendance at U.S. schools), and any Employment Authorization Document (EAD) cards. Also request copies of the last three months' worth of pay stubs from his current employer.

• 4

  Post a notice of filing in two separate locations at the job site that a foreign worker will fill the position and the salary or salary range offered in the position. Once the notice is posted, file a Labor Condition Application with the Department of Labor. It will take seven days to certify.

• 5

  Download form I-129 from the U.S Citizenship and Immigration Service (USCIS) website. Complete H-1B relevant portions of Form I-129. Create a letter of support that states the intention to employ the candidate, gives a company blurb, details the duties of the position and pay offered, explains the minimum degree and experience requirements for the position, and notes the degree and experience of the candidate.

• 6

  Sign the letter, Certified Labor Condition Application and Form I-129 in duplicate.

• 7

  Copy all documents for the candidate's file. Prepare two copies of beneficiary and company documents to send to USCIS.

• 8

  Brad together one set of signed forms, letter, one copy of the candidate's documents, and either the company financial statements, annual report or printouts of the company website. Separate each grouping with index tabs. Brad the second set of signed forms, letter, the second copy of beneficiary and company documents. No tabs are required for the second set.

• 9

  Attach the three checks to the petition with paper clips, one for the base fee, one for the ACWIA fee and one for the fraud prevention fee. Submit the petition by postal mail or courier service to the direct filing address associated with the employer's state. States east of the Mississippi River, Texas and Oklahoma file with the USCIS at their Vermont Service Center. All other states file at the California Service Center.