What does USCIS check in H1B transfer?
When it comes to transferring an H1B visa, the United States Citizenship and Immigration Services (USCIS) has a set of requirements and criteria that applicants must meet. Understanding what USCIS checks during the H1B transfer process is crucial for individuals seeking to change their employment within the United States. This article will delve into the key aspects that USCIS examines during an H1B transfer application.
Eligibility and Validity of the H1B Visa
The first and foremost aspect that USCIS checks is the eligibility and validity of the H1B visa. The applicant must have a valid H1B visa in their possession at the time of filing the transfer application. USCIS will verify the visa status and ensure that it is not expired or about to expire.
Employment Authorization
The applicant must have employment authorization under the previous H1B visa. USCIS will review the employment authorization document (EAD) issued by the Department of Homeland Security (DHS) to confirm the authorization. If the applicant has not been working for the previous employer, USCIS may request additional documentation to establish the employment relationship.
Job Offer and Job Description
USCIS will scrutinize the job offer from the new employer and ensure that it meets the requirements of an H1B position. The job description should align with the applicant’s qualifications and experience. USCIS may request additional information or clarification if there are discrepancies or ambiguities in the job offer.
Previous Employer’s Compliance
USCIS will verify the compliance of the previous employer with the H1B regulations. This includes ensuring that the employer has maintained the required minimum wage, provided appropriate working conditions, and adhered to other regulatory requirements. Any violations or discrepancies may lead to the denial of the transfer application.
Change of Status Requirement
In some cases, USCIS may require the applicant to change their status from the previous employer’s H1B visa to the new employer’s H1B visa. This process involves submitting a Form I-539, Application to Extend/Change Nonimmigrant Status. USCIS will review the application and determine if the change of status is necessary.
Documentation and Supporting Evidence
Proper documentation and supporting evidence are essential during the H1B transfer process. USCIS will scrutinize the submitted documents, including the passport, visa, I-797 approval notice, employment contracts, and any other relevant documents. Incomplete or insufficient documentation may lead to the denial of the application.
Conclusion
Understanding what USCIS checks in an H1B transfer application is crucial for individuals seeking to change their employment within the United States. By ensuring eligibility, providing accurate job offers, maintaining compliance with regulations, and submitting comprehensive documentation, applicants can increase their chances of a successful transfer. It is advisable to consult with an immigration attorney or expert to navigate the complexities of the H1B transfer process and ensure compliance with USCIS requirements.
