Can You Apply for H-1B Transfers with More Than One Employer?

Published: March 3, 2025

Are you currently working in the US on a H-1B visa? The validity of your H-1B status is dependent on your employment. Since it’s employer-specific, you’re only authorized to work exclusively for the company that sponsored you. However, one of the key aspects of the H-1B program is allowing workers to transfer to a new employer without losing their status. 

Under the Immigration and Nationality Act (INA) Section 214(n)(2), an employed H-1B worker can accept new employment and start working as soon as the new employer files the non-frivolous petition without awaiting approval. You must go through the H-1B transfer to change employers as an H-1B worker. 

A common concern among H-1B visa holders is whether they can apply for H-1B transfer with more than one employer. Although it’s possible, there are several considerations to keep in mind. This post will discuss the H-1B transfer process and the possibility of applying for one with multiple employers. 

Overview of the H-1B Transfer Process

The H-1B transfer authorizes foreign workers to switch employers without reapplying through the H-1B lottery. Hence, it’s not subject to an annual cap. Transferring an H-1B status involves the employer filing a Petition for a Nonimmigrant Worker on your behalf. 

Since it lets you work for the new H-1B employer upon petition filing, the process ensures continuity of employment and preservation of status without leaving the US. The following is an overview of the steps when filing the petition for the H-1B transfer: 

• Employers must file a Labor Condition Application (LCA) outlining job conditions.
• After LCA certification, the employer must submit the Petition for a Nonimmigrant Worker before the current employment period concludes. 
• The employer must pay the fees for the H-1B transfer.
• The employer and the visa holder must provide the specific documents the USCIS requires.
• Although H-1B visa holders can begin working as soon as USCIS receives the petition, waiting for approval is still advisable.

Considerations When Applying for Multiple H-1B Transfers 

Applying for H-1B transfers with more than one employer provides flexibility for foreign workers. However, it’s crucial to be aware of the considerations highlighted below. 

Bonafide job offer

H-1B transfer petitions require legitimate offers from employers. Each employer must prove a genuine need for foreign workers and that the position qualifies as a specialty occupation. The employer must also demonstrate its ability to meet all H-1B requirements, from prevailing wage to job duty obligations. 

Risk of denial

Having one or more H-1B transfer denials can affect your ability to maintain legal status, particularly if your original employment has ended. Losing your lawful status can result in serious immigration consequences, including needing to leave the country. 

Thus, eligibility criteria must be met to secure continuity of employment. You have two options when your original employment ends. You can look for a sponsoring employer who can file a successful H-1B petition or resume employment with the previous one if feasible. 

Concurrent employment

Concurrent employment authorizes H-1B visa holders to work for multiple employers. The United States Citizenship and Immigration Services (USCIS) requires each employer to file a separate H-1B petition to demonstrate that the job requires specialized skills and the employer can pay the prevailing wage. 

Increased scrutiny

USCIS carefully examines multiple filings to confirm the legitimacy of each job offer, and it’s not speculative. Suppose several petitions are filed for H-1B transfers without a legitimate business need or intention to employ the individual. USCIS may consider them as attempts to manipulate the system, which can lead to legal consequences. 

Prepare for a Seamless Transition With ALG Lawyers

Application errors can lead to unnecessary delays in the H-1B transfer process. The risk of denials can also increase when you misclassify the job role and fail to prove its status as a specialty occupation. 

Consulting a Los Angeles immigration lawyer with over a decade of experience managing H-1B visa cases is in your best interest. Our team at ALG Lawyer is ready to guide you through the process and ensure a seamless transition in accordance with the USCIS regulations. Contact us now for a detailed consultation on your immigration concerns.