Change Employers – H-1b Portability
Portability for an H-1B visa holder was created by the American Competitiveness in the Twenty-First Century Act (AC21). Portability's main purpose is to help reduce the long delays created when an H-1B holder wishes to transfer to a new employer. Prior to AC21, an H-1B employee could not begin work for a new employer until a new petition had been approved by the U.S. Citizenship and Immigration Service (USCIS), which could take up to 3 months to process. Now, under certain circumstances, an H-1B holder can start work for a new employer in H-1B status when the petition has merely been filed, which has been defined by the USCIS as when the petition is received at the appropriate office. Our Michigan immigration attorneys would be happy to discuss H-1b portability with you if you are seeking to change employers, and can assist you with that change.
Portability Portability only applies to aliens who have been lawfully admitted to the U.S., have properly filed a non-frivolous petition before the expiration of the current H-1B, and have not been employed without authorization before the petition was filed. Furthermore, the petition must be accompanied by evidence of a filing of the Labor Condition Application (LCA). The LCA mandates that an employer meet prevailing wage requirements and maintain a file regarding the particulars of the LCA.
