2

In US, when an employer says that a job position doesn't sponsor a H-1B, can a H-1B holder transfer their H-1B to the position from another employer?

In other words, does having a H-1B visa allow one to qualify for job positions that don't sponsor a H-1B ?


More details:

Since the new president came into office, many companies in US have recently changed their H-1B policy to provide H-1B sponsorship for only mid or senior level positions, but not entry level positions.

This reduces the number of positions which OPT F1 holders can apply for.

After getting a H-1B visa, will it make those entry level positions without H1B sponsorship open up to an OPT F1 holder? This will involve a H-1B transfer. I am asking from the perspectives of companies as mentioned above in general. Will they be much more happier to accept a H-1B transfer for entry level positions without a H-1B sponsorship?

  • 4
    I see close votes for off-topic/legal advice, but I think questions about H1B visas are like questions about discrimination laws -- things it's reasonable to expect HR people to know. The OP is asking whether/how visas are transferred; it's not a request for personal legal advice. The question might also be on-topic on Law. – Monica Cellio Jan 21 '18 at 3:48
7

Disclaimer: I am not a lawyer.

An H-1B is an employer sponsored visa, so it can't be transferred to a company who is not willing to sponsor it.

From Path2USA.com

What is a typical process to obtain H1B Visa?

  • Must qualify and be eligible for H-1B criteria.
  • Employer gets Labor Condition Application(LCA) approval from the Department of Labor in the US.
  • A US employer should file H-1B petition with USCIS and get an approval for it.
  • Foreign worker must apply for the Visa and get the stamping at applicable US consulate in his/her home country.
  • Come to America and work for this designated Employer.

Regarding the entry level positions mentioned in the comments, again I am not a lawyer or an employer (but I did come to work in the US on an H-1b back in the 90s), - this visa is supposed to be used for positions requiring highly specialized knowledge and was aimed at bringing more experienced employees into the country.

So I think it's much less likely (but not impossible) that entry level position are filled by H-1b visa holders.

  • Thanks. There are may companies in US that sponsor h1b for only mid or senior level positions, but not entry level positions. Generally, after getting h1b visa, will applying for those entry level positions be easier? – Tim Jan 20 '18 at 13:27
  • I have provided more info in my post. – Tim Jan 20 '18 at 13:47
  • 1
    @Tim I am also not a lawyer. As I understand the process, to transfer an H-1B the new employer has to have an LCA for the specific position. The only advantage from existing LCAs for other positions is the employer's experience with the process. – Patricia Shanahan Jan 20 '18 at 15:27
  • "will applying for those entry-level positions be easier? - To which positions, to an employer who isn't sponsoring for those positions. If you require sponsorship and you are only qualified for entry level, you can assume you will not be selected for an entry-level position at those companies, because you don't meet the eligibility requirements to be hired. – Donald Jan 22 '18 at 20:46

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.