H-1B Change of Employer Checklist (2026)

1. Before you accept the offer

• Confirm in writing that the employer will file an H-1B petition for you.
• Check the job is a specialty occupation that fits your degree.
• Get the job title, duties, salary, worksite and start date in writing.
• Confirm the salary. The employer must pay the higher of the prevailing wage or its actual wage for similar workers.
• Ask whether it will use premium processing. USCIS then acts within 15 business days.

2. Documents to gather

Your new employer's attorney will send its own list. Most ask for:

• Passport, visa stamp and latest I-94 record
• Every H-1B approval notice (Form I-797) you have
• Recent pay stubs, often the last few months, and W-2s
• Degree certificates and transcripts
• Resume and signed offer letter

Why pay stubs matter

Pay stubs show you worked for your sponsor and kept your status. Gaps in pay can lead to questions from USCIS.

If you had unpaid leave or a gap, tell the attorney early.

3. The LCA and the petition

• The employer files a Labor Condition Application with the Department of Labor. DOL reviews it within seven working days.
• The LCA must match your real worksite, including a home office if you work remotely.
• The employer files Form I-129 with the certified LCA.
• It must be filed before your current authorized stay expires.
• Save a copy of the petition and the USCIS receipt notice.

4. Keep your status until the switch

• Do not work for the new employer before the petition is filed. Portability starts on filing or the requested start date, whichever is later.
• Many people stay in the old job until the filing is done. That keeps a valid approval behind you if the new petition is denied.
• If your job ends first, you may have up to 60 days, or until your validity ends if sooner.
• Report a new home address to USCIS within 10 days on Form AR-11.
• Check your I-94 after every entry for the right class (H-1B) and end date.

When to tell your current employer

Your current employer does not sign or approve the new petition. Nothing in the process requires its consent.

Most people give notice after the new petition is filed and they have the receipt notice. Some wait for approval, especially with premium processing.

Plan your notice period around the start date in the petition, so your last day and first day line up.

Taking time off between jobs

A short break is possible. Once your old job ends, the grace period of up to 60 days can cover it, but it is available only once per validity period.

The new petition must be filed before your old job ends or within that window. You cannot work during the gap.

Tell the attorney about any gap or unpaid time before filing.

5. Travel while the petition is pending

Travel during a pending change of employer is possible but carries risk. Talk to the attorney before you book.

• You generally need a valid H-1B visa stamp, a valid I-797 and your passport to return.
• If your visa stamp has expired, you must get a new one abroad before returning.
• Trips to Canada or Mexico under 30 days may qualify for automatic visa revalidation. This does not apply if you apply for a new visa while there.
• If you are changing status into H-1B, leaving can make USCIS treat the request as abandoned.
• USCIS fee guidance says leaving before a change of status is decided can trigger the $100,000 payment.

6. The $100,000 fee

USCIS says petitions for someone inside the US who is granted a change, amendment or extension are generally exempt.

A federal court vacated the fee guidance on June 8, 2026, and the appeal court refused to pause that order on July 24, 2026. DHS says it may collect the fee if the order is lifted.

Read our H-1B $100,000 fee guide for updates.

7. After approval

• Keep the approval notice and the I-94 attached to it. Check that the dates are right.
• For travel, a still-valid H-1B visa stamp from your old employer generally works with the new I-797. Universities such as UNC tell workers to carry the approval notice and recent pay stubs.
• If your visa stamp has expired, you need a new one abroad before you return.
• Tell the employer's HR about any later change in duties, worksite or hours. Some changes need a new or amended petition first.

Find a sponsor

Start with employers that already sponsor. Our H-1B sponsors list shows transfer counts, and H-1B jobs by role lists open roles from 2025 filers.

You can also match sponsor jobs to your resume and see each employer's visa record.

This is general information, not legal advice. Confirm your situation with an immigration attorney.

Questions

Sources

• USCIS: H-1B Specialty Occupations
• 8 CFR 214.2 (Cornell LII)
• DOL FLAG: Labor Condition Application
• DOL Fact Sheet #62G: Must an H-1B worker be paid a guaranteed wage?
• USCIS: How Do I Request Premium Processing?
• Boundless: H-1B Transfer Process
• Stony Brook University: Maintaining H-1B Status
• University of Washington: H-1B Travel
• RN Law Group: Concurrent H-1B Employment
• USCIS: Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers
• Pryor Cashman: Latest USCIS Guidance on the H-1B Proclamation (Oct. 21, 2025)
• UNC ISSS: H-1B Travel
• USCIS: Options for Nonimmigrant Workers Following Termination of Employment

Read next

H-1B Amendment for a Location Change: When You Need OneCan I Change From H-1B to F-1 Student Status?H-1B Transfer: How Changing Employers Works