Once an employee has obtained an H-1B visa for employment in the United States, they can work for the employer that sponsored the visa application. The H-1B visa can be transferred to a different employer once the individual is in the U.S., although the transfer can be a complex and confusing process. Millar & Smith Immigration Attorneys can guide you through this transfer process, whether you are an individual or a business. With the help of an experienced H-1B transfer lawyer, the transfer can be efficiently and effectively navigated.
Millar & Smith Immigration Attorneys focus our attention on handling immigration matters for clients across the globe. With locations in Seattle, WA, Vancouver, B.C., and New York City we have a vast understanding of U.S. immigration laws and how these laws may apply to your situation. We assist both employers and H-1B visa holders with the visa transfer process. CLICK HERE to schedule a consultation with a H-Visa immigration attorney.
When seeking an H-1B transfer, the process must be completed as if the employee were applying for the initial H-1B visa. The new employer must sponsor the H-1B transfer application. It is essential that the employee has plans on beginning work with the new employer immediately after the transfer has been processed and approved, otherwise they may not qualify for the transfer.
Caps on H-1B Visa Transfers
It is widely known that only a certain number of H-1B visas are issued each year. However, this cap does not always apply in the H-1B transfer situation:
• If the individual came in on an H-1B visa for an employer that was not subject to the cap and are transferring to an employer that is also not under the cap, then the H-1B visa transfer does not fall under the current year's cap.
• If the employee came in on an H-1B visa for an employer that was not subject to the cap and now are transferring to an employer that is subject to the visa cap, the individual is now subject to the cap along with every other H-1B visa applicant.
Contact a Business Immigration Attorney
Trust your H-1B Visa business immigration needs to Millar & Smith Immigration Attorneys. We can be contacted online by CLICKING HERE or by phone at (206) 262-0561. Our firm responds to inquiries as quickly as possible. We can schedule a consultation regarding your case at your convenience.