H-1B Transfer (Portability)
The ability for an H-1B worker to change employers without going through the lottery again, the new employer files a new H-1B petition, and the worker can start working as soon as it's filed.
H-1B Transfer (Portability) is a term from U.S. employment-based immigration — typically a step, document, or filing in the H-1B (or related visa) process. The definition here is the practical worker-facing meaning, anchored in the DOL and USCIS processes that produce the underlying data this site uses. Understanding H-1B Transfer (Portability) is part of reading H-1B sponsorship offers and the publicly-disclosed filing data defensibly. Each technical term in the H-1B process carries specific implications for workers — eligibility, timing, employer obligations, portability — and the worker-relevant interpretation often differs from the technical legal definition.
Each employer page on H1BTracker surfaces the specific H-1B Transfer (Portability)-relevant data for that company, so the general definition here translates into the concrete numbers on the per-company pages.
How It Works
H-1B portability, established by the American Competitiveness in the 21st Century Act (AC21), allows H-1B workers to move between employers relatively easily. The new employer files a new H-1B petition (it's cap-exempt because the worker is already in H-1B status), and the worker can begin employment with the new company as soon as the petition is received by USCIS. This is a critical protection for H-1B workers, without portability, they would be locked to their sponsoring employer. Workers should ensure there is no gap between leaving the old employer and the new petition being filed.
Related Terms
- H-1B Visa, A nonimmigrant work visa allowing U.S. employers to hire foreign workers in "specialty occupations" that require at least a bachelor's degree, the primary visa for skilled tech, engineering, and professional workers.
- H-1B Cap, The annual limit of 65,000 new H-1B visas for private-sector employers, plus 20,000 additional visas for applicants with U.S. advanced degrees.
- Cap-Exempt Employer, An employer not subject to the annual H-1B cap of 85,000, including universities, nonprofit research organizations, and government research institutions.
Explore H-1B Data
About This Definition
This definition is part of the H1BVisaTracker H-1B Visa Glossary, 26 terms explaining H-1B sponsorship, work visas, and employment-based immigration in the United States. Written for international workers, employers, and immigration professionals.