What about the employers?
Employers need to get a Labor Condition Application which is known as LCA, from the Department of Labor should be issued. U.S employers are not allowed to hire the foreign workforce without an LCA certification. The employers need this document from the U.S Department of Labor. The f1 opt jobs employers should apply for this certification which ensures the credibility of the employer. It also states the work environment with the best jobs for an h1b visa.
H1B transfer and the fees
As we discussed, the H1B transfer application procedure is similar to the initial H1B visa. Since the employer is hiring you for the new job, the employer must pay for the H1B transfer fees for h4 ead jobs candidates.
Here are the documents that, h4 ead jobs employers have to submit for the H1B transfer for the employee
- 1-129 form filing fees
- The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee – which is generally charged 750$ for the employers with less than 25 full-time employees in the U.S and $1500 for the employees if they have more than 25 full-time working people.
- The Fraud prevention and detection fee – $500 for each foreign employee.
- The Public Law fee is $4000 if the employer has more than 50 Employees and 50% of them have H1B or L visas.
- If they want some premium processing, an extra fee of $1225 should be paid through the filing form I-907 with USCIS.
The employee of h4 ead jobs or H1B transfer Applicant should submit these following documents to USCIS:
- Copy of offer letter from the employer
- Passport copy
- H1B visa copy with Visa stamp
- Form I-797
- Form I-94
- Social Security Card copy
- Qualifications –Degrees and certifications
- Recent Paystubs (2or 3 previous pay stubs)
- Copy of income tax returns
- Updated CV
- A state license has to be submitted if you are a medical professional.
As you already have the H1B visa, you do need to go through the entire roadmap of applying it from scratch, so there is no DS-160 form in the list. You need to submit the above documents from the list. It may take up to 30 days to get the H1B transfer visa if everything is correct.
What if your H1B Visa transfer is denied, and why?
Many applicants are facing the H1B transfer visa denial by the USCIS. There might be another step before the denial. The USCIS will send you a request for the Evidence (RFE). The RFE will not mean that your visa is denied. It means the USCIS needs more documents from you to make their decision.
The documents may base on the type of RFE you have received from the USCIS
Based on Education Qualifications – That means you need to prove that you have all the qualifications you claimed to have; it also includes the additional diplomas and certifications, if any.
Determination of the specialty occupation – You must prove to them that you fit with the specialty education through your advanced degrees and extensive training.
Proof of identity and relationship – The employer has to prove that they can afford to hire a new employee to pay them correspondingly.
Once the RFE documents got submitted by either employee or employer, the USCIS will make a decision. But what if the transfer is denied?
Here are reasons for denial
- Not paying the correct fee to USCIS
- You may lack specialty occupation proofs
- You may fail to prove the employee-employer relationship
- The employer is unable to pay you
- You didn’t deliver the documents to the correct entity
- Your employer didn’t file documents accordingly
- You may commit a crime or violated any immigration laws.
So what to do next after the denial?
You can file another H1B transfer if the current i94 is still valid. If the i94 has expired, you need to file another H1B transfer but cannot start your work on receipt. You should leave the U.S. and wait for the approval to come back to the country for h4 ead jobs.
It is always good to find the most credible H1B visa offering, h4 ead jobs, STEM OPT Extension, f1 opt jobs, and H1B visa transfer offering jobs to avoid these types of circumstances in your career. Find the best CPT, OPT and F1 jobs through AmericanOpt and make the right step towards your dream career.