H-1B Change of Employer: Timeline, 2026 Fees, and Filing Steps

An H-1B change of employer lets you move to a new job without re-entering the annual visa lottery, because you were already counted against the cap when your first petition was approved. The new employer files Form I-129 with U.S. Citizenship and Immigration Services (USCIS), and under the portability rule you can start work the day that petition is properly filed. What has shifted the math recently is cost: a Presidential Proclamation issued in September 2025 added a $100,000 payment on top of the usual government fees, so a straightforward transfer by a mid-size employer can now exceed $105,000 while that proclamation remains in effect.

When You Can Start the New Job

The portability provision at 8 U.S.C. § 1184(n) authorizes you to begin working for the new employer the moment that employer files a qualifying petition on your behalf.¹ You do not wait for approval. Three conditions have to be true:

You were lawfully admitted to the United States.
The new employer files before your current authorized stay expires (the date on your I-94).
You have not worked without authorization since your last lawful admission.

The petition also has to be “nonfrivolous,” meaning it has a legitimate legal basis. Any genuine job offer from a real employer with a certified Labor Condition Application clears that bar.

The statute says your authorization to work “shall continue…until the new petition is adjudicated.”¹ There is no 240-day cap on portability work authorization; the 240-day rule you may see online applies to extensions of stay, which is a different situation. As long as the petition is pending, you can keep working for the new employer.

Who Qualifies to Transfer

The most important requirement is that you hold valid H-1B status at the time the new employer files. Valid status means you are currently authorized to work, your I-94 has not expired, and you have not worked without authorization since your last lawful admission.

Because your original H-1B was already counted against the annual numerical cap, the transfer petition is cap-exempt. The regular H-1B cap is 65,000 per fiscal year, with an additional 20,000 slots for workers who earned a master’s degree or higher from a U.S. institution.² Your transfer counts against neither, and it can be filed at any time of year.

The new employer has to extend a formal offer for a specialty occupation, meaning a position that requires at least a bachelor’s degree or equivalent in a field directly related to the job duties. The employer also needs a certified Labor Condition Application from the Department of Labor before USCIS will accept the petition.

Proof that you are actively employed usually comes from recent pay stubs covering the last two to four weeks. If there is a gap, the analysis gets more complicated. A short gap may be bridged by the 60-day grace period discussed below; a longer break can mean you are no longer in valid status and cannot use the standard transfer route from inside the country.

What It Costs in 2026

Federal regulations prohibit the employer from passing most government filing fees to the employee, so the employer needs to plan for the full stack. The figures below reflect the USCIS fee schedule effective in 2026.³

I-129 base filing fee: $780 for paper filing or $730 for online filing. Small employers and nonprofits pay $460 either way.
ACWIA training fee: $750 if the employer has 25 or fewer full-time employees, or $1,500 if the employer has 26 or more.
Fraud Prevention and Detection fee: $500, required for change-of-employer petitions.
Asylum Program fee: $600 for employers with more than 25 full-time equivalent employees, $300 for small employers, and $0 for nonprofits.⁴
Public Law 114-113 fee: $4,000, but only for employers with 50 or more U.S. employees where more than half hold H-1B or L-1 status. Most employers are exempt.

The $100,000 Presidential Proclamation Fee

A Presidential Proclamation issued in September 2025 imposed an additional $100,000 payment as a condition of eligibility for H-1B petitions, including change-of-employer filings.⁵ The payment must be made through Pay.gov before the petition is filed. The USCIS fee schedule confirms it applies to petitions to employ an H-1B worker currently working for another employer, unless the Secretary of Homeland Security grants an exception.³ The proclamation is set to expire 12 months after its September 21, 2025 effective date, absent an extension.

This fee dwarfs every other cost in the process. Check the current USCIS fee schedule before filing, because the status of the proclamation may have changed by the time you are ready to move.

Premium Processing and Attorney Fees

If the employer wants a faster decision, Form I-907 for premium processing costs $2,965 as of March 1, 2026, and guarantees USCIS will take action within 15 business days.⁶⁷ “Action” means an approval, denial, or Request for Evidence; it does not guarantee an approval.

Attorney fees for preparing and filing the petition typically run from $1,400 to $3,500 depending on case complexity and the attorney’s location.

Paperwork on Each Side

The employer handles the government filings; you gather the personal records that prove status and qualifications.

Employer’s Side

The process starts with the employer obtaining a certified Labor Condition Application (Form ETA-9035 or 9035E) from the Department of Labor.⁸ The LCA attests that the employer will pay at least the prevailing wage and has notified existing workers about the hiring. The Department of Labor generally certifies complete applications within seven working days.⁹

Once the LCA is certified, the employer completes Form I-129, Petition for a Nonimmigrant Worker.¹⁰ The form requires the employer’s federal Employer Identification Number, a description of the job duties, the physical work address, and classification codes for the business. A written contract between employer and employee, or a detailed summary of the oral agreement, must be included as part of the required initial evidence.¹¹

Your Side

You supply the documents that establish identity, immigration history, and qualifications:

A valid, unexpired passport.
Your most recent I-94 arrival/departure record, showing your current authorized stay.
Copies of all previous I-797 approval notices from earlier employers.
Diplomas, transcripts, and any credential evaluation reports that prove you meet the specialty occupation requirements.
Recent pay stubs from your current employer showing active employment and compensation.

Every name on your documents should match the legal spelling in your passport. Mismatches are a common trigger for processing delays.

After Filing: Processing Times and RFEs

The completed petition is mailed to the USCIS service center that handles the geographic area where you will work. After USCIS receives the package, it issues Form I-797C, Notice of Action, which serves as the official receipt and contains a tracking number for checking case status online.¹²

Without premium processing, adjudication can take several months to over six months depending on the service center’s workload. During that wait, USCIS may issue a Request for Evidence (RFE). The most common RFE topics:

Specialty occupation. USCIS questions whether the job genuinely requires a bachelor’s degree or higher in a specific field, cross-referencing the Department of Labor’s Occupational Outlook Handbook and how similar employers hire.
Beneficiary qualifications. If your degree is in a broad field, expect scrutiny over whether it directly relates to the specific position.
Employer-employee relationship. USCIS verifies the job is real and the employer has genuine control over the work, especially for consulting firms or staffing companies placing workers at client sites.
LCA mismatch. If the wage level, job title, or work location on the approved LCA does not match the I-129 petition, an RFE follows.
Maintenance of status. USCIS reviews whether you complied with the terms of all prior visa statuses, including any previous F-1 or H-4 periods.

A weak or incomplete RFE response is often worse than the RFE itself, because it can lead to a denial that better documentation would have avoided.

If You Were Just Laid Off

Under 8 CFR 214.1(l)(2), H-1B workers who lose their job are not considered to have fallen out of status for up to 60 consecutive days, or until the end of the authorized validity period, whichever is shorter.¹³ This is a one-time allowance per validity period, and the Department of Homeland Security can shorten it at its discretion.

During the grace period you are considered to be in valid status, so a new employer can file a transfer petition and the portability rule still applies. You cannot work during the grace period itself until the new employer’s petition is filed and received by USCIS.

File as early in the 60 days as possible. If you wait until the very last days, USCIS may approve the petition but deny the accompanying extension of status, which would force you to leave the country, get a new visa stamp at a consulate, and re-enter before starting work.

If the Petition Is Denied

A denial ends your portability-based work authorization immediately. You then have no valid basis to work for the new employer. Your options are to return to a prior employer who still has an approved petition covering you, find another employer to file a new petition, change to a different visa status, or leave the country. Moving quickly matters, because accumulating unlawful presence can trigger three-year or ten-year bars on re-entry.

H-4 Family Members

H-4 status is derived entirely from your H-1B, so any disruption to your status can cause your dependents’ status to lapse. When the new employer files your I-129, your spouse and children on H-4 should simultaneously file Form I-539 (Application to Extend/Change Nonimmigrant Status) to extend or transfer their status to align with the new petition. Each additional dependent beyond the primary applicant files a separate Form I-539A.

As of early 2025, USCIS stopped bundling H-4 applications with the underlying H-1B petition. They are now adjudicated separately, in their own queue, so you and your family members can end up with different approval timelines. Keep copies of every receipt notice.

Traveling Abroad While the Petition Is Pending

International travel during a pending transfer is possible but carries real risk. USCIS could treat your departure as abandonment of the pending petition, leaving you unable to re-enter in H-1B status.

If you do travel, you will need a valid H-1B visa stamp in an unexpired passport, your I-797 receipt notice for the new petition, and documentation of your prior H-1B status (previous I-797 approval notices and I-94 records). At the port of entry you must show that the new petition was filed before your prior authorized stay expired.

The scenario to avoid: if your prior H-1B validity period has already expired by the time you leave the country, you generally cannot re-enter in H-1B status until the new petition is approved and you have obtained a new visa stamp at a U.S. consulate abroad. If your visa stamp has also expired while you are outside the country, you will need to schedule a consular appointment for a new stamp before returning. For most people in the middle of a transfer, staying in the country until the petition is approved is the safer path.

1
Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants
2
U.S. Citizenship and Immigration Services. H-1B Cap Season
3
U.S. Citizenship and Immigration Services. G-1055 Fee Schedule
4
U.S. Citizenship and Immigration Services. H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker
5
The White House. Restriction on Entry of Certain Nonimmigrant Workers
6
U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees
7
U.S. Citizenship and Immigration Services. How Do I Request Premium Processing
8
U.S. Department of Labor. Labor Condition Application for Nonimmigrant Workers Form ETA-9035 and 9035E
9
U.S. Department of Labor. Form ETA-9035CP – General Instructions for the 9035 and 9035E
10
U.S. Citizenship and Immigration Services. I-129, Petition for a Nonimmigrant Worker
11
U.S. Citizenship and Immigration Services. Checklist of Required Initial Evidence for Form I-129
12
U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action
13
eCFR. 8 CFR 214.1 – Requirements for Admission, Extension, and Maintenance of Status