H-1B Portability in 2025–2026: How to Change Employers

(UNITED STATES) H-1B portability lets many professionals switch jobs in the United States without a break in work or leaving the country, as long as they keep lawful status and the new employer follows the rules. Here’s a clear, step-by-step guide to the full journey — from deciding to change employers, through filing, to what happens if a petition is denied — so you know what to do, when to do it, and what to expect from each agency.

The Big Picture: How H-1B Portability Works Now

Under the American Competitiveness in the Twenty-First Century Act (AC21), an H-1B worker may start with a new employer as soon as the new, nonfrivolous petition is properly filed with USCIS. You don’t have to wait for approval to begin work.

This protection remains in place for 2025–2026 and is backed by USCIS and the Department of Labor (DOL). If you keep H-1B lawful status at filing, the new job is a true specialty occupation role, and the employer files on time with a certified Labor Condition Application (LCA), you can move ahead under H-1B portability without a job gap.

According to analysis by VisaVerge.com, the rule balances mobility for workers with strong compliance checks for employers. It also fits today’s fast-paced job market, where a quick offer can’t sit on hold for months.

Step 1: Confirm You Qualify Before You Move

Portability is only available if certain conditions are met. Confirm these before you resign or start:

• You’re in valid H-1B status at the time of filing. If you overstayed, violated status, or worked without authorization, you can’t use portability.
• The new petition is nonfrivolous. The job must qualify as a specialty occupation, and the employer must have a certified LCA covering the offered role and work location(s).
• The petition is filed on time. File before your current authorized stay ends. If your job ended, the filing must happen within the 60-day grace period (or until your I-94 expiration, whichever is shorter).
• You will only work in H-1B-authorized roles. Portability does not allow other, non-H-1B work at the same time.

What to expect from USCIS:
– Once the petition is filed and USCIS issues a receipt, your work authorization with the new employer begins and continues while the case is pending.

Step 2: Prepare the New Employer’s Filing Package

Your new employer leads this step, but you play a key role by providing proof of maintenance of status and prior H-1B approval.

Required employer actions:
1. Get a certified LCA covering the job and worksite(s) from DOL.
2. File Form I-129 as a “Change of Employer” with USCIS, including:
– Job offer letter and role details
– Certified LCA
– Proof of your prior H-1B approval
– Your latest I-94 record
– Recent pay stubs to show ongoing lawful status

Form links and where to file:
– Form I-129 — file with USCIS. See the official page for instructions and fee details: USCIS Form I-129.
– LCA (ETA-9035) — certified by DOL before filing I-129. DOL guidance on H-1B portability is here: DOL Fact Sheet #62W.

Timing you can expect:
– Regular processing times vary by USCIS workload.
– Employers may choose premium processing (15-day clock) for faster certainty, though with portability you can start work upon filing.

Step 3: Starting Work After Filing

You can begin working for the new employer as soon as USCIS issues the receipt notice for the nonfrivolous change-of-employer petition. This is the core of H-1B portability. Your work authorization under portability lasts until USCIS decides the case.

What you should do:
– Keep a copy of the full filing, including the receipt notice.
– Track your pay stubs and employment records.
– Avoid any side jobs not covered by H-1B approval.

What to expect from USCIS:
– A receipt number that confirms timely filing.
– Possible Requests for Evidence (RFEs) if more documents are needed.
– A final decision: approval, denial, or rejection (if improperly filed).

Step 4: If Your Case Is Approved, Denied, or Still Pending

Approval:
– You continue working without interruption.
– If a new I-94 is issued with approval, follow the latest validity dates and terms.

Denial:
– Work authorization under portability stops immediately.
– If your prior employer’s approved petition is still valid and the job relationship remains intact, you may be able to return to that employer.
– Speak with counsel right away to avoid falling out of status.

Still pending:
– You may keep working with the new employer under portability until USCIS decides, provided the petition remains nonfrivolous and you’ve kept lawful status.

Step 5: Using the 60-Day Grace Period

If your job ends, USCIS regulations allow up to 60 consecutive days (or until your I-94 end date, if earlier) to stay in the United States, look for a new role, and have a new employer file an H-1B petition that supports portability.

• During this time, you can’t work unless a new petition is filed and receipted.
• This grace period helps many workers maintain lawful presence while they change employers.

Step 6: When You Must Amend After You Move

Portability covers the switch from Employer A to Employer B. But if the job later changes in a material way, Employer B may need to file an amended petition. This includes:

• A new worksite outside the area covered by the certified LCA
• A major shift in job duties
• A big change in wages or core terms

This duty stems from the USCIS Simeio Solutions decision, which requires amended filings for certain worksite changes. Plan ahead: if your role could shift, discuss timing with HR so you stay within the rules.

Step 7: Practical Timeframes, Travel, and Records

Estimated journey timeline:
– Job offer to LCA certification: often 1–2 weeks (varies by employer readiness)
– I-129 prep and filing: 1–3 weeks (depends on documents and counsel workflow)
– USCIS receipt issuance: usually within days to a couple of weeks after delivery
– Decision: weeks to months under regular processing; 15 days with premium processing

Key tips to keep things smooth:
– Start working only after the USCIS receipt is issued for the new petition.
– Keep all records: I-797 approvals, I-94s, LCAs, receipt notices, and pay stubs.
– Be careful with “bridge” filings if you change employers again while a prior change-of-employer petition is still pending; if a bridge is denied, later filings can be at risk.
– Travel caution: Avoid international travel while a portability case is pending, unless you already have a valid H-1B visa stamp and will reenter in H-1B.

Step 8: Fees, Executive Actions, and 2025–2026 Updates

A September 2025 Executive Order on H-1B reform introduced a $100,000 fee for certain new visa issuances abroad. Early readings suggest this does not apply to change-of-employer petitions filed from inside the United States under H-1B portability.

• Transfers filed domestically therefore remain unaffected, though it’s wise to monitor DHS and State implementation guidance for clarity.

Separately, a USCIS Final Rule effective January 17, 2025, modernized parts of H-1B adjudication and kept portability as a core piece of the program. For official agency guidance on change-of-employer eligibility and process, USCIS directs readers to the Policy Manual: USCIS Policy Manual, Vol. 2, Pt. E, Ch. 5.

Step 9: Common Missteps and How to Avoid Them

• “I must wait for approval to start with my new employer.”
  • Under AC21, you can start upon filing and receipt.
• “I need new visa stamping to join the new job.”
  • Not if you’re staying in the United States and in status.
• “I can transfer after months out of status.”
  • No — you must maintain lawful status or rely on the limited grace period.
• “Portability applies to all visas.”
  • No — it’s specific to H-1B.

Step 10: Human Factors — Planning a Safe Move

This is not just paperwork. A worker might be supporting a family, sending money home, or tied to health insurance that ends with a job separation. Plan the handoff carefully:

• Do not resign until the new employer confirms the LCA is certified and the I-129 is ready to file.
• Ask for overnight filing and tracking to pinpoint the receipt date.
• Confirm start dates line up with portability rules.
• If a denial would put you at risk, consider premium processing for fast certainty.

Important: If a petition is denied and you have no other valid H-1B petition (or other status), you may fall out of status immediately. Consult immigration counsel quickly.

Step 11: Quick Checklist Before You Change Employers

• Are you in current H-1B lawful status? Yes/No
• Has the new employer obtained a certified LCA? Yes/No
• Is the Form I-129 marked as “Change of Employer” with proof of status (I-94, pay stubs, prior approvals)? Yes/No
• Do you have copies of all filings and the USCIS receipt? Yes/No
• Are there planned worksite or duty changes that may require an amended filing? Yes/No
• Do you understand the 60-day timing if your prior job ended? Yes/No

Step 12: If Things Change After You Start

If your new employer adjusts your job location, responsibilities, or pay in a major way, flag it early. They may need an amended petition to keep you in line with H-1B rules.

If you plan to change employers again, discuss “bridge” risks and filing dates so your chain of status stays unbroken.

Where to Turn for Official Guidance

For government sources that explain H-1B portability and change-of-employer filings, see:
– USCIS Policy Manual guidance on change of employer: USCIS Policy Manual, Vol. 2, Pt. E, Ch. 5
– Petition form and filing instructions: USCIS Form I-129
– DOL overview of portability: DOL Fact Sheet #62W

With H-1B portability, many workers can change employers while keeping lawful status, avoiding long job gaps, and staying on track in the United States. Careful timing, complete filings, and steady record-keeping make all the difference.