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The H-1B is a petition-based nonimmigrant visa that must be sponsored by a US-based employer. However, after getting the visa, the beneficiary (foreign worker) may choose to work for another employer other than the one who sponsored the visa. This can happen either after working for the employer for some time or even before working for the employer at all. So, in essence, H-1B transfer is the process that allows H-1B holders to change employers.

H-1B Transfer Process

Although the process is generally referred to as H-1B transfer, that doesn’t mean you can transfer the H-1B visa sponsored by employer A to employer B. The new employer will have to file a new H-1B petition on your behalf including Labor Condition Application (LCA), following the guidelines below:

• The employer submits the employment letter containing details of the job offer, including start date, duties, position, and every other necessary information.
• The employer files an LCA with the Department of Labor (DOL) and waits for approval.
• The employer submits Form I-129 petition with relevant supporting documents and filing fees.

Required Documents for H-1B Transfer

You, the employee, will also need to provide the following documents for the transfer process:

• Form I-979, Notice of Action for H-1B visa approval
• Paystubs (if applicable)
• Academic records
• Letter of recommendation
• Resume
• Copies of most recent passport, social security number, and I-94 records

What Happens After Filing H-1B Transfer?

Once the employer submits the petition to USCIS, you can start working on the new job without having to wait until the transfer is approved. This is one of the major advantages of H-1b transfer compared to a fresh application.

Differences Between H-1B Transfer and a New H-1B Application

The major differences and advantages lie in the fact that the H-1B transfer is a quicker process and also allows certain flexibilities compared to a fresh application. These include:

Not Subject to H-1B Visa Caps

H-1B is a quota-based visa that has a statutory annual cap of 65,000 visas, with an additional 20,000 for those with higher degrees – making a total of 85,000 visas. Applicants who are not selected will have to reapply another year. The good news is that as an H-1B transfer applicant, the cap does not apply to you. There are unlimited visas for eligible H-1B transfer applicants.

Can Be Processed Anytime

To get a new H-1B, employers will have to register their prospective employees between March 1 and March 20. But in the case of H-1B transfer, applicants aren’t constrained to a timeframe. You can submit your petition at any time of the year.

You Don’t Have to Wait for Approval

You can start working with the new employer immediately upon USCIS receiving the transfer petition. This is also advantageous to the employer, in that they get to fill their vacant position quickly.

H-1B Transfer without Paystubs

Since paystub is one of the common H-1B transfer requirements, some people wonder if they can be eligible if they don’t have it. Some of the common scenarios for these include those considering transfer after just entering the US.

For example, you just received a better offer from someone else or discovered that the employer who sponsored your visa isn’t the right fit for you. In this case, it is possible you haven’t worked for the employer at all or haven’t worked up to a month. This may mean not having paystubs to tender. But it doesn’t make you ineligible to apply for an H-1B transfer.

Paystub is just one of the requirements. The most important thing is whether you have qualifying status and are considered to be cap-exempt. Having your I-94 reflect valid H-1B means you have a valid status and being in the US on an H-1B visa also means you are cap-exempt. Keep in mind, however, that USCIS still has the prerogative to approve or deny any application.

To become a lawful permanent resident in the United States one must determine whether they are eligible to apply for a green card.

Who is Eligible for Green Card Application?

Whether you are currently in or outside the U.S., you may qualify for a green card if you meet the eligibility requirements under one of the following available categories.

1. Family-Based Green Card

You may qualify for a green card under the family-based category if you meet any of the following requirements:

– You are a Spouse or Child of United States Citizen or Lawful Permanent Resident

There are 2 major subcategories under this category.

The first is “immediate relatives of a U.S. citizen.” This means you are a spouse of a U.S. citizen or an unmarried child (under the age of 21) of a U.S. citizen.

The second subcategory is known as “other relative of a U.S. citizen or relative of a lawful permanent resident.” Other relatives of a U.S. citizen refers to an unmarried child of a U.S. citizen under the age of 21, a married child of a U.S. citizen, or a sibling of a U.S. citizen.

A qualifying relative of a lawful permanent resident must be a spouse or unmarried child of a green cardholder. If you qualify under the family-based category, your qualifying relative who is a U.S. citizen or lawful permanent resident will have to sponsor your green card petition.

2. Employment-Based Green Card

The employment-based green card category is available for foreign nationals who possess certain skills, ideas, experience, and academic qualifications that fit in into the U.S. employment system.

– Immigrant Worker

You may qualify for a green card as an immigrant worker if you meet the requirements under one of the available immigrant visas under this category. In all, there are 4 preferences, namely

1. EB-1 green card
2. EB-2 green card
3. EB-3 green card
4. EB-4 green card
5. EB-5 green card

Each of the categories has its own long list of eligibility criteria. The major factors for qualifying under these categories are your educational background, job experience, or an exceptional talent or ability in your chosen career. If you qualify for most of the immigrant worker green card categories, you will need a job offer from a U.S. employer. The employer will also act as the petitioner to sponsor your petition. In some cases, like EB-1A and EB-2 NIW (National Interest Waiver), you may get your green card without a job offer and also self-sponsor your petition.

– Physician National Interest Waiver

You may get a green card under this category if you are a foreign physician who is ready to work full-time in clinical practice in a medically underserved area in the United States for a set period of time. You must possess all the required licenses to practice in the specialty in the U.S., including the requirements for the state you intend to practice.

– Green Card through Investment

You may get a green card through the Immigrant Investor category, otherwise known as EB-5 green card if you are able and ready to invest at least $900,000 or $1.8 million in the United States. The type and location of your investment will determine the exact minimum investment amount. The EB-5 is also a self-petitioned green card if you meet all the requirements.

Green Card through Other Categories

While the family-based and employment-based categories are the most common routes to a green card, there are also many other categories for certain individuals. They include:

1. Green card as a special immigrant
2. Green card through refugee or asylee status
3. Green card for victims of abuse
4. Green card through the diversity lottery

United States permanent resident status is among of the most sought-after in the world, due to its numerous associated advantages. Acquiring a Green Card (officially called a Permanent Resident Card) is a life-changing achievement that will positively impact every aspect of your life. The following are some of the benefits you will enjoy as a Green Card holder.

You Can Work and Live Inside the US

With a Green Card, you have the right to work and live freely in the U.S. without having to constantly apply for a renewal to maintain your status and living a life in limbo. For instance, most nonimmigrants need an employer to sponsor their visas before they can be eligible to work in the U.S. In addition, they must remain with their sponsoring employer for the duration of their nonimmigrant period of authorized stay or transfer it to another employer which can be a difficult and lengthy process. Otherwise, they risk losing their status and right to work in the United States. On the other hand, as Green Card holder, you are free to work for any U.S. based organization of your choice.

You Can Sponsor Your Family Members for Their Green Card

The positive multiplier advantages of being a Green Card holder will also benefit your relatives significantly. As a Green Card holder you will be able to sponsor your family members to apply for their personal Green Card and give them the right to stay in the U.S. with you. The family member must be an immediate relative, such as a spouse, or unmarried child under 21 years old.

You Are On the Path to Become a U.S. Citizen

With your Green Card, you can apply for U.S. citizenship 3 or 5 years after being a permanent resident. If your Green Card was sponsored as a spouse of a U.S. citizen, after 3 years, you will be eligible to apply for citizenship. If you receive your Green Card through an employment-based immigrant visa, you will be eligible to apply for citizenship after 5 years.

You Can Start Your Own Business in the U.S.

Another benefit of having a Green Card is that it gives you the freedom to become an entrepreneur or start your own business if you wish. The U.S. business climate encourages people with great ideas to start a business more than anywhere else. While a nonimmigrant may also start a business, their continued presence and running the business is still subject to a visa renewal application. As a Green Card holder, you have a secure permanent status to continue operating your business without fear of losing your status and business. Obtaining some licenses for trades and business is also easier and faster with a Green Card.

You Are Qualified For Social Security Benefits

The Social Security Administration (SSA) provides economic security to retirees and people with physical disabilities and their families. About 1 in 4 American families depend on Social Security benefits. These benefits range from food care to health care. As a Green Card holder, you are entitled to these social security benefits through your permanent resident status.

It’s Easier to Travel in and outside the U.S.

One of the most significant benefits of having a Green Card is that it eases travel in and out of the U.S. compared to nonimmigrant visas. Many nonimmigrants, for instance, need to apply for Advanced Parole or acquire a reentry stamp at a U.S. Consulate abroad when they travel out of the country. Failure to do so will affect their chances of reentering the U.S. and maintaining their status in the United States. As a permanent resident, your Green Card encompasses all those permits and requirements. As long as it remains valid, you can travel out and reenter the U.S. unhindered.

You Can Qualify For Lower Tuition at Universities

Many universities in the U.S. charge higher fees for international and out-of-state students. In some states, international students pay as higher as 50% more. In contrasts, being a Green Card holder can save you a lot of money, as you get to enjoy much reduced fees.

In pursuit of an EB1A case, folks need to understand that qualification is not solely dependent on the whether they meet the 10 criteria listed on the USCIS website. Rather, the correct approach is to consider the three requirements under the relevant statute of the Immigration and Naturalization Act. Paraphrased, the requirements are as follows, (1)  That they need to demonstrate they will prospectively benefit the United State, i.e. that they’re going to bring about future benefit to the U.S., (2) They demonstrate that they have sustained the claim that is recognized in the field of endeavor, and lastly (3)  That they will continue to work in the field of endeavor.

So when we talk about the 10 criteria that people are familiar with, whether they have awards, whether they have scholarly articles, whether they have the original contribution of major significance, whether they have worked in a critical role for an organization that has a distinguished reputation, whether they are members of a professional organization that requires outstanding achievement of its members.

All of these criteria are only dealing with one slice of the overall requirement to demonstrate sustained acclaim. But if you want to break it down further, we look at sustained acclaim in terms of what exactly the statute says. It says that the person needs to demonstrate that they have sustained acclaim recognized in the field of endeavor. This is all about recognition

Folks interested in filing an EB1A petition must chart out a uniquely tailored approach, because every case is going to be very different and every case is going to require individualized attention. So how we develop the case depends on the profile of the applicant.

When one carefully reviews the statute that lays out the requirements for the EB1A petition, they will find that everything depends on field of endeavor.

The INA lays out a three-part test for EB1A, paraphrased the requirements are as follows:

1. That they need to demonstrate they will prospectively benefit the United States, i.e. that they work in an area beneficial to US interests and will advance those interests.

2. That they demonstrate that they have sustained the claim that is recognized in the field of endeavor.

3. That they will continue to work in the field of endeavor.

Every requirement under the analysis depends heavily on the field of endeavor one is engaged in!

There is no understating how important accurately and persuasively describing one’s field of endeavor is. Your entire case depends on it. Reflecting on some of our many approved cases, the first thing I typically ask the client is: What’s your field?

For example, a recent typical case, they answered, “I’m a software engineer.” I then repeated, “But, what’s your field?” They said “Oh, software.” I then ask, “Okay, but what’s your specific field of endeavor?” They responded, “Software applications.” And, then finally, after asking them five times, they tell me their field relates to application development for a very specific type of medical device relating to detection of whether one has ingested a certain drug. Now we’re talking! Because we could position you as a person who is an expert at developing applications for a medical device of a specific nature. Narrowing the field of endeavor is the first and most important thing anybody serious about successfully pursuing an EB1A petition needs to do if they’re trying to win the case. You cannot be overly broad in fields like software, education, or marketing. Your field of endeavor has to be very specific and narrow because the ultimate test of the EB1A is not whether you meet 3 of 10 criteria, it’s whether you have risen to the very top percentage of your very specific field of endeavor.

Individuals considering applications for EB1A often consider their own qualification from a “post doctoral frame of reference.” The reality is that an  EB1A case is decided based on the specific field one is engaged in, and in many instances publications and specific journal review work is unrelated to the purpose of the individual’s endeavor. In fact, whether one has a PhD or not is not directly relevant to qualification. In many of my favorite and most successful kinds of cases, the purpose of the applicant’s role has nothing to do with publishing work, rather it has something to do with making money!

The applicant making a technological or business-related contribution needs to highlight the importance of salary and remuneration, and why it demonstrates recognition within their specific field of endeavor. If you are in the two hundred-thousand-dollar salary range or above and are interested in pursuing an EB1A, I want to talk to you, because I think I could help.

I often encounter folks who make $250,000 to $400,000 per year or more working in software, data analytics, biotech, finance, healthcare, among other industries and they think that it is normal to earn this level of income. It is not normal! You are in an extraordinary situation.

In my view, when we talk about recognition the regulatory criteria is not weighted equally , SALARY trumps publications! If you’re earning around or above $200,000 what better kind of recognition is there than the fact that somebody is paying you close to a quarter-million dollars? The answer is that there is no better objective measure of one’s recognition in their field.