H-1B Portability Related to Change of Employer

Under the H-1B portability rule, a foreign worker in H-1B status may begin to work for a new employer upon proper filing of a new H-1B petition by the prospective employer if the following requirements are met:

1. The H-1B worker was lawfully admitted;

2. The new H-1B petition is non-frivolous;

3. The new H-1B petition is filed while the H-1B worker is not out of status; and

4. The H-1B worker has not been engaged in unauthorized employment since last lawful admission.

H-1B portability is a complicated issue that may have serious consequences on the H-1B beneficiary's legal status. We suggest that you consult with an experienced immigration lawyer concerning the factors involved and the potential legal consequences before you decide to work under the portability rules.