(UNITED STATES) — In 2026, changing employers on an H-1B visa is legally allowed but sits under extreme vetting and new financial barriers that can affect both workers and employers.
An H-1B transfer—often called “portability”—is the process that lets a worker already counted against the H-1B cap move to a new H-1B employer without entering the lottery again. The catch is simple: the visa is employer-specific, so each move still requires a new employer to file a new petition with U.S. Citizenship and Immigration Services (USCIS). In 2026, that “new petition” detail matters more than it used to.
Three forces now shape job switching in the United States: a new $100,000 petition fee tied to late-2025 policy changes, a tighter “specialty occupation” test that demands a closer match between degree and job duties, and an enforcement posture that treats transfers as high-risk filings.
USCIS has been direct about its goals. On December 23, 2025, spokesperson Matthew Tragesser said the old random selection process “was exploited and abused by U.S. employers,” adding that weighted selection and “updated oversight measures” are meant to reward “higher-paid, higher-skilled foreign workers.” He also said the government will “demand more from both employers and aliens” as part of H-1B reform.
Key policy changes shaping H-1B transfers
Table 1: Key policy changes and dates
| Change | Description | Effective Date |
|---|---|---|
| New $100,000 fee for “new H-1B petitions” | A Presidential Proclamation created a $100,000 fee requirement for new H-1B petitions, which in practice affects H-1B transfers because each transfer is a new employer petition. | September 21, 2025 |
| Public enforcement posture and program objectives | USCIS statements tied H-1B reform to tighter oversight and a wage-focused direction, with warnings about abuse in prior selection practices. | December 23, 2025 |
| Weighted Selection Final Rule | Lottery selection shifts toward wage-weighting. Even though transfers are not lottery filings, the rule signals stronger wage-level scrutiny across H-1B adjudications. | February 27, 2026 |
What an H-1B transfer is in 2026 (and what it is not)
Portability is not a “paperless job change.” It is a formal immigration filing that must stand on its own.
A new employer files Form I-129, and the worker may be allowed to start work after USCIS receives a non-frivolous filing, if INA 214(n) requirements are met.
Think of your H-1B like a train ticket tied to a specific train company. You can switch companies, but only after the next company issues a valid new ticket. In 2026, the “ticket price” and the inspection at the platform both got stricter.
INA 214(n): the portability rule that still makes transfers possible
INA 214(n) is the legal base for H-1B portability. It is also the first place USCIS will look when a transfer gets questioned.
A worker may typically start working for the new employer after USCIS receives a non-frivolous Form I-129, as long as the worker meets the key conditions. One practical result follows: starting work even a day before USCIS receives the petition can create a status violation.
⚠️ Travel or bridging steps during a pending transfer can jeopardize status; seek qualified guidance before taking action.
Leaving the country mid-transfer, or stacking transfers while a prior petition is unresolved, can change which petition supports status and when.
Table 2: Portability rules at a glance
| Requirement | What it means for transfers | Documentation Needed |
|---|---|---|
| Non-frivolous Form I-129 filed | The new employer must file a real, approvable petition. Portability work authorization usually starts after USCIS receives it. | Form I-129 filing receipt and supporting petition package |
| Current lawful admission | The worker must have been lawfully admitted to the United States. | I-94 record and prior approval notices |
| No unauthorized employment | Unauthorized work or gaps can break eligibility for portability. | Employment history, prior approvals, and payroll records |
| Status maintenance at filing | USCIS commonly expects proof the worker was in valid H-1B status when the new petition was filed. | Last three pay stubs |
✅ What H-1B workers and employers should do now: verify current status, ensure last three pay stubs, prepare for potential RFEs, and assess the financial impact of the $100,000 fee.
The $100,000 fee: why transfers feel different now
Since September 21, 2025, the $100,000 fee requirement for “new H-1B petitions” has changed how employers budget for hiring. For transfer cases, that can turn a standard recruiting decision into a major financial commitment.
The White House proclamation language tied the fee to fiscal goals. On September 19, 2025, the proclamation stated: “This money will be used for reducing Taxes, Pro Growth Projects, and paying down our Debt.” Whatever the policy aim, the operational effect is straightforward: transfers can cost dramatically more than many employers expected in prior years.
Specialty occupation: the degree-to-duties link is now a central issue
The “specialty occupation” standard is not just a checkbox. It is now one of the most common reasons a transfer may receive a Request for Evidence (RFE) or denial.
Under the H-1B Modernization Rule, USCIS has pushed harder on direct alignment between the specific degree held and the job duties. A general degree that only loosely connects to the role can draw scrutiny. Job titles matter less than the actual day-to-day tasks described in the petition.
Example: a “Software Engineer” petition that relies on a broad “Business Administration” degree can be questioned unless the duties and coursework link is explained with care. USCIS says it evaluates duties, not branding. Employers often respond by:
- tightening job descriptions,
- listing required coursework areas, and
- showing why the role needs that specific field of study.
USCIS provides an overview of the category here: H-1B Specialty Occupations
Wage levels and the February 27, 2026 signal
The Weighted Selection Final Rule takes effect February 27, 2026. It is aimed at selection, not transfers. Still, USCIS messaging around wage levels matters because adjudicators can treat wage changes as a sign of job complexity.
In plain terms: if a transfer comes with a lower wage level than the prior H-1B role, USCIS may look harder at whether the new job is truly a specialty occupation role. That review can also connect back to compliance rules on the Labor Condition Application (LCA), which must match the offered role and location.
Enforcement in 2026: why FDNS presence matters for transfers
Transfers now land in a stronger oversight climate. The Fraud Detection and National Security (FDNS) directorate has long had authority for site visits. The practical risk is higher when employers are new to H-1B compliance or when a case includes:
- third-party worksites,
- remote work, or
- fast job changes.
Site visits are not automatic proof of wrongdoing — they are an audit tool. Employers usually need consistent records on:
- work location,
- supervision,
- duties, and
- wages paid from the correct start date.
Bridge filing: the hidden transfer risk many workers miss
“Bridge filing” occurs when a worker changes employers multiple times in close succession, or when a second transfer is filed while the prior employer’s petition is still pending.
Core concern:
- If Employer A’s petition is denied or withdrawn, it can sometimes break the chain supporting the worker’s status while later petitions are pending.
- That can force the worker to stop work immediately.
- Future filings may face harder questions about eligibility and status.
Timing and documentation drive this risk. Workers should keep clear records of approvals, receipts, and payroll, especially during quick moves.
H-1B transfer FAQs for 2026
- Can I start work for the new employer before the transfer is approved?
In many cases, portability under INA 214(n) allows work after USCIS receives a non-frivolous Form I-129. Starting before filing can violate status. -
Do I need to go through the H-1B lottery again?
Usually no. Once counted against the cap, a worker is generally cap-exempt for later employers, assuming continued eligibility. -
How does the $100,000 fee affect a transfer?
A transfer requires a new employer petition. Since September 21, 2025, new H-1B petitions have carried a $100,000 fee requirement, which can deter hiring. -
What documents matter most for proving I maintained status?
USCIS commonly expects the last three pay stubs at the time of filing, along with approval notices and I-94 records. -
Why are specialty occupation RFEs more common now?
USCIS applies a tighter direct-alignment approach between degree and duties under the H-1B Modernization Rule. Vague job descriptions can trigger questions. -
What happens if my transfer is denied?
Work authorization based on portability may end immediately. Returning to the prior employer may only be possible if that employer’s H-1B petition remains valid. -
Can I travel internationally while my transfer is pending?
Travel can be risky during a pending transfer, especially with bridge filing scenarios. A qualified lawyer can assess how travel could affect admission and status. -
Does frequent job switching increase scrutiny?
It can. Multiple transfers may draw extra review on wages, duties, and whether each role is a real specialty occupation position.
For ongoing official updates, USCIS posts news releases here: USCIS Newsroom
This article discusses immigration law and policy changes. It does not constitute legal advice. Readers should consult qualified counsel for personal circumstances.
Policies cited are based on official sources; interpretations may evolve with new guidance.
For 2026 planning, treat every H-1B transfer like a high-stakes filing: confirm INA 214(n) eligibility, collect the last three pay stubs, and price in the $100,000 fee before any start date commitments.
The 2026 H-1B landscape is defined by extreme vetting and significant financial barriers. A mandatory $100,000 fee for new petitions has transformed transfers into major corporate investments. Additionally, the H-1B Modernization Rule forces a tighter link between academic degrees and job functions. Workers must ensure continuous status and provide recent pay stubs, while employers face increased oversight through site visits and wage-level scrutiny.
