In this episode, I discuss the nitty-gritty details of transferring an H-1B visa from one employer to another, as well as extending an H-1B and filing an amendment to an H-1B.
The current moratorium on the issuance of new H-1B visas to most individuals outside of the U.S. has no impact on H-1B transfers, extensions, or amendments. Even if an individual is outside of the United States, if that individual has a valid H-1B visa, an employer could transfer and extend that individual’s H-1B under certain conditions.
Eventually, consular processing for visas and green cards will resume. And the current moratoriums on not only H-1B visas but also J-1 and L-1 visas and green cards for individuals residing outside of the U.S. could end next year, depending on the results of this fall’s presidential election.
In the meantime, keep in mind that the changes brought about by the coronavirus pandemic and the shifting immigration policy under the current administration open up new opportunities for startups, small businesses, and recruiters to secure top foreign talent.
In this episode, you’ll hear about:
- What employers and recruiters should know about recruiting top talent away from another employer through the H-1B transfer process
- Conditions under which an employer can hire an individual who is currently outside the U.S., but whose H-1B visa from a previous employer remains valid
- The difference between cap-subject and cap-exempt H-1Bs
- Concurrent H-1Bs
- Best practices for transferring an H-1B
- Options for extending an employee’s H-1B
- What changes or situations may require employers to file an H-1B amendment on behalf of their H-1B employee
Resources:
Founder Law’s page on the H-1B Visa for Specialty Occupations
Immigration Law for Tech Startups:
Episode 12: The Visa Options All Recruiters Should Know
Episode 11: Your Startup’s First H-1B
Episode 9: What Makes a Strong H-1B Petition
Episode 2: 2020 H-1B Lottery Update
Get Founder Law’s Immigration Law for Tech Startups eBook