Breaking News: Trump Administration Proposes $100,000 Fee for New H-1B Petitions
Recent updates from the U.S. administration have proposed a $100,000 filing fee for new H-1B visa petitions, a change that could significantly impact employers and foreign professionals. To understand what this means, who might be excluded, and how to best navigate this shifting immigration landscape, the immigration attorneys at Green Card Link explain everything you need to know about H-1B transfers, timing, and strategic options.
Understanding H-1B Visa Transfers
One of the major advantages of the H-1B visa is its portability — the ability to transfer employment between U.S. employers without losing status. In most cases, you may begin working for your new employer as soon as the transfer petition is properly filed, provided you meet certain eligibility requirements.
Before making any changes, it is vital to consult with an immigration attorney at Green Card Link to determine whether you should transfer before or after entering the United States.
Example Scenario
Suppose you are in the process of obtaining an H-1B visa through Company A, but you receive a more stable or higher-paying offer from Company B. Before initiating what is commonly called an “H-1B transfer” (technically, filing a new petition with a new employer before visa stamping), you should speak with a qualified immigration attorney at Green Card Link. Professional guidance ensures you make the most strategic and compliant decision when changing employers during the H-1B lottery or petition process.
Timing Your Transfer: Before or After Visa Stamping
Changing employers before entering the U.S. on your initial H-1B approval is common, but timing matters. Understanding whether to transfer before stamping or after arrival requires a full grasp of the H-1B framework and its procedural nuances. At Green Card Link, its immigration attorneys help clients evaluate both options, minimizing risks and avoiding costly mistakes.
When working with U.S. Citizenship and Immigration Services (USCIS), even minor filing errors or missteps can cause significant processing delays. Taking each step carefully — with professional legal advice — protects your immigration timeline and future work eligibility.
H-1B Portability Explained
The American Competitiveness in the 21st Century Act (AC21) made H-1B portability more flexible, allowing visa holders to start working for a new employer once the new petition is filed, if all requirements are met. To qualify, you must:
- Have been lawfully admitted to the United States.
- File a non-frivolous petition based on valid legal and factual grounds.
- Have no history of unauthorized employment in the U.S.
- Maintain valid H-1B status with your current employer.
Please note: H-1B portability does not apply if your initial petition has not yet been activated.
If you were selected in the 2026-27 H-1B lottery, it’s important to act promptly. Contact the immigration attorneys at Green Card Link for detailed assistance with your H-1B petition filing.
Why Consider an H-1B Transfer?
The H-1B visa program is designed for highly skilled foreign professionals with specialized knowledge or advanced education to work for U.S. employers. Because this is an employer-sponsored visa, individuals cannot file petitions independently.
If your original sponsoring employer withdraws support, cannot proceed with the process, or if a new employer offers a better opportunity before you enter the U.S., an H-1B transfer before stamping may be your best path forward.
Securing H-1B approval through the lottery is highly competitive, so any employment change should be approached cautiously. Consulting with an experienced immigration attorney at Green Card Link ensures you understand the risks, advantages, and timing considerations before making your next move.
Trusted Legal Guidance
Whether you are exploring a job change during your H-1B process, preparing for stamping, or navigating complex USCIS regulations, Green Card Link offers professional, personalized guidance. Its immigration attorneys help clients protect their immigration status, avoid pitfalls, and achieve their career goals in the United States.
H-1B Visa Transfer Before Visa Stamping
If your H-1B petition has been approved but you have not yet received a visa stamp in your passport, it’s important to understand how an H-1B visa transfer before stamping works. Many professionals outside the United States face this situation when changing employers prior to entering the country.
Filing an H-1B transfer is essentially submitting a new H-1B petition—either before or after the visa stamping process. The good news is that you do not have to go through the lottery again. Once you have been counted under the annual H-1B cap, any subsequent petitions filed on your behalf by a new employer are cap-exempt, allowing you to bypass the competitive lottery process.
A key consideration involves the actions of your initial sponsoring employer. If that employer learns that a transfer petition has been filed, they may choose to withdraw the approved petition, which could delay your ability to enter the U.S. and begin employment. Because of this, many applicants prefer to consult with an immigration attorney at Green Card Link to explore strategies such as premium processing, which can speed up the approval process and reduce potential risks.
Rest assured, the U.S. Citizenship and Immigration Services (USCIS) does not notify your previous employer when a new petition is filed, helping to protect your privacy and employment prospects. If you are concerned about the timing or risk of petition withdrawal, the immigration attorneys at Green Card Link can guide you on the safest and most efficient approach.
H-1B Visa Transfer After Visa Stamping
In many cases, waiting until after your visa has been stamped to file an H-1B transfer offers greater security. Once your visa is issued, your original employer can no longer withdraw the petition, allowing you to change jobs more easily. Your new employer can file a lottery-free transfer petition on your behalf without jeopardizing your immigration status.
However, be mindful of potential employment gaps. If you stop working for your current employer before the transfer petition is approved, you may risk falling out of status—unless you qualify for the 60-day grace period. Many workers choose to continue with their initial employer until the new employer receives the Form I-797 Notice of Action, which authorizes the transfer of employment.
The immigration attorneys at Green Card Link can help you navigate this process to ensure you maintain lawful status and minimize income interruption during the transition.
Using Premium Processing for Faster H-1B Transfers
Whether you are transferring your H-1B before or after stamping, premium processing can significantly speed up your petition. Through this optional USCIS service, your employer’s Form I-129 petition is reviewed within 15 business days instead of several months.
Keep in mind that premium processing only accelerates the timeline—it does not increase your chances of approval. The USCIS may approve your case within the 15-day period or issue a Request for Evidence (RFE). If USCIS does not act within this timeframe, it will refund the premium processing fee and continue processing your petition under the regular timeline.
Given the complexity of the process, it’s wise to work with an immigration attorney at Green Card Link to avoid costly errors and ensure your petition is properly prepared and supported.
Transferring from Cap-Exempt to Cap-Subject H-1B Jobs
Another common question involves moving from a cap-exempt employer (such as a university or nonprofit research organization) to a cap-subject employer (a private company). Some individuals attempt to start under a cap-exempt employer to bypass the lottery and then switch to a private employer later. However, this strategy does not exempt you from the H-1B cap.
You may hold concurrent employment with both a cap-exempt and a cap-subject employer, but if you wish to work exclusively for the cap-subject employer, you must enter the H-1B lottery. The lottery filing window typically runs from April 1 to June 30, and your petition must be received by USCIS before the deadline. Employment with the new cap-subject employer can begin on or after October 1, the start of the federal fiscal year.
To remain fully compliant and avoid delays, it’s essential to consult with the immigration attorneys at Green Card Link, who can determine whether your situation qualifies for cap-exempt status or requires lottery participation.
Why Choose Green Card Link for H-1B Visa Transfers?
At Green Card Link, our experienced immigration attorneys specialize in helping professionals and employers navigate every stage of the H-1B visa transfer process. Whether you are transferring your H-1B before or after stamping, moving between cap-exempt and cap-subject employers, or seeking premium processing guidance, we provide personalized legal strategies to protect your status and career goals.
Our mission is to simplify the immigration process—helping you make informed decisions, avoid unnecessary risks, and start your new role in the United States with confidence.
Frequently Asked Questions About H-1B Visa Transfer Before Stamping
Our immigration attorneys at Green Card Link have compiled clear, reliable answers to the most common questions about transferring an H-1B visa before stamping. Whether you’re switching employers or clarifying your status before October 1, the following information will help you make informed decisions about your immigration journey.
How does an H-1B transfer before October 1 work?
If you plan to change employers before October 1 (the typical start date of the H-1B employment period), your new employer must file a new H-1B petition. The advantage is that, as long as your original H-1B petition was subject to the cap, your new petition will not be counted again in the lottery. Essentially, your prior approval preserves your spot in the H-1B quota system, sparing you from waiting for another lottery cycle.
However, if your original sponsoring employer revokes or withdraws the H-1B petition before October 1, you may lose your lottery spot while transferring to a new company. In such cases, you would need to go through a completely new H-1B lottery process, which can delay your employment start date. The immigration attorneys at Green Card Link can help you determine the safest timeline for your transfer to protect your approved status.
Can I change employers after my H-1B petition is approved but before visa stamping?
Yes. It is possible to switch employers after your H-1B petition has been approved, even if your visa has not yet been stamped in your passport. You will, however, need to file a new petition for the new employer.
There are pros and cons to transferring before versus after visa stamping. If you change employers before stamping, your original sponsor could cancel your petition, forcing you to restart the lottery process. On the other hand, if you transfer after your visa has been stamped, you will not face the risk of petition withdrawal. The experienced immigration attorneys at Green Card Link can advise you on which option best suits your specific situation.
Can I switch jobs after the H-1B lottery?
Yes, switching jobs after securing a place in the H-1B lottery is permitted, but it must be done carefully. While it’s common for H-1B professionals in the U.S. to change employers, U.S. immigration law does not allow a simple “transfer” of your visa. Each time you change employers, your new employer must submit a new H-1B petition on your behalf.
Generally, it’s considered safer to change jobs after your visa has been stamped, as your approval is already documented. At Green Card Link, its immigration attorneys can help you evaluate the timing and process of your job transition to ensure compliance and avoid unnecessary risks.
Is visa stamping required after an H-1B transfer?
If your original H-1B visa has already been stamped, you do not need a new visa stamp after transferring to a new employer. The visa stamp in your passport is not employer-specific; it simply verifies your H-1B classification and remains valid until its expiration date.
That said, if your initial H-1B visa has not been stamped, you’ll need to complete the stamping process before entering the United States. At Green Card Link, its immigration attorneys can guide you through the documentation requirements and consular procedures to ensure a smooth and compliant transition.
Expert Help for Your H-1B Transfer Questions
H-1B transfers—especially before stamping or October 1—require precise legal timing and documentation. The immigration attorneys at Green Card Link specialize in helping professionals navigate complex employment transitions without jeopardizing their H-1B status.
Whether you are transferring employers, awaiting stamping, or concerned about maintaining your cap-exempt status, contact Green Card Link today for a consultation and take the next confident step in your U.S. immigration journey.