Transferring H-1B visas to a new employer while an application is pending is permissible under specific regulations. This process, often referred to as “porting,” allows foreign workers to maintain their legal status and continue working in the United States while the new petition is being adjudicated. An example would be a software engineer with a pending H-1B application with Company A receiving a job offer from Company B. Company B can file a new H-1B petition on the engineer’s behalf, requesting a transfer of the existing H-1B. Once the new petition is received by United States Citizenship and Immigration Services (USCIS), the engineer can commence employment with Company B.
This flexibility offers several advantages. It facilitates career progression for H-1B holders, enabling them to pursue better opportunities without jeopardizing their immigration status. Simultaneously, it allows companies to access a wider pool of talent by recruiting individuals who are already in the United States and familiar with the work environment. Historically, regulations governing H-1B transfers have evolved to address the needs of both employers and employees, contributing to the growth and dynamism of the U.S. economy.
