Under the H1B visa program, foreign workers are authorized to work for a specific employer in the United States for a defined period of time. However, the H1B portability program allows H1B visa holders to change jobs without having to leave the country or even obtain a new visa. This program is extremely beneficial for foreign workers who want to explore new job opportunities or who have been offered better employment opportunities because leaving the country to obtain a new visa can sometimes be tedious and lengthy.

Particularly, the following are five important criteria that should be known about qualifying for the H1B portability program:

1. The foreign worker must already be in the United States on a valid H1B visa.
2. The new employer must file a new H1B petition by filing the I-129 Form on behalf of the foreign worker. This petition should include the necessary documentation and must be submitted before the foreign worker begins employment with new employer.
3. The new H1B petition must be filed while the foreign worker is still in a valid H1B status.
4. The foreign worker must have maintained lawful status and complied with all H1B regulations during their previous employment.
5. The foreign worker must notify their current employer about their intention to change jobs. Though, there is no requirement for the foreign worker to receive employer consent or approval.

Once this is done, the foreign worker can begin working for the new employer. The foreign worker does not have to wait for the petition approval, but future employment authorization is contingent upon the approval of the petition.

Do you want to learn more about changing employers or receive more information about the H1B visa? Give us a call at (915) 314-2363 to schedule a consultation today!