Fairfax, Virginia – December 04, 2015 – Many people enter the United States on non-immigrant visas known as H-1B visas, which enable an individual to work for a specified time period in a specialty occupation. There are also provisions available to people in the US on an H-1B visa that allow them to change employers – this is known as an H-1B visa transfer. Fairfax immigration lawyer Beeraj Patel, of Pride Immigration Law Firm PLLC, has managed over a 1,000 cases concerning H-1B visas, and he now offers services to enable to workers to transfer their H-1B visas so that they can change employers.
The H-1B visa requires the individual holding it to work in a “specialty occupation.” Fortunately, the requirements for a speciality occupation are quite broad, encompassing most positions that require a bachelor’s degree or the equivalent in specialized experience or knowledge. Employment that demands graduate work or certification also generally meets the requirements for specialty occupation. On the employer’s end, the employer must be a “US employer” with a tax identification from the IRS. Furthermore, the employer cannot take on the H-1B alien as an independent contractor, but must enter into an employer-employee relationship with him or her.
Applying for a H-1B visa transfer is a similar process. The H-1B alien’s new employer must show that the new position he or she will work for meets the same requirements for an H-1B visa (specialty occupation for a US employer). The original employer does not need to be notified. The burden for applying for a transfer through the United States Citizenship and Immigration Service, and for filing all necessary forms to the Department of Labor, lies entirely on the new employer: the H-1B alien unfortunately cannot initiate the process on his or her own.
As for the requirements for a transfer, the petition will be denied if the individual has committed any crimes. The employee may only work within the dates specified by the petition and maintain evidence of their work by keeping pay stubs. Moreover, the H-1B visa holder needs to provide a US visa, I-94 and I-797, along with a resume, university transcripts or other evidence of a degree, an academic evaluation, a recommendation letter and proof of employment.
There are other requirements and attendant issues involved in applying for a H-1B visa transfer. If you would like to change employers and are in the United States on a H-1B visa, you can get a free consultation form Pride Immigration Law Firm PLLC. Pride Immigration will ensure your application is free of errors and has the best chances of approval.
Pride Immigration Law Firm PLLC is an immigration law firm located at 3900 University Dr #100, Fairfax, VA, 22030 and is owned by immigration rights advocate, Beeraj Patel, Esq. The firm’s focus is providing quality service in the field of immigration law through affordable and professional assistance.
Pride Immigration Law Firm PLLC can be reached at (703) 594-4040.
Distributed by Pride Immigration Law Firm PLLC
Company Name: Pride Immigration Law Firm PLLC
Contact Person: Beeraj Patel
Address:3900 University Dr #100
Country: United States