Steps to Consider When Your H-1B Transfer Gets Denied

Published: March 28, 2025

H-1B provisions enable US employers to temporarily employ skilled foreign workers when qualified US workers are unavailable. Current law restricts the annual allocation of H-1B visas to 65,000, with an additional 20,000 for those holding advanced degrees from US universities. 

The H-1B visa is employer-specific, meaning you can only work exclusively for the company that sponsored you. However, H-1B rules permit employees to accept a job offer from a different US employer while their visa is valid. 

An H-1B transfer is required to switch from one employer to another while maintaining your H-1B status. If you’re eligible, you can change employers once your new employer has adequately filed a nonfrivolous H-1B petition with the US Citizenship and Immigration Services (USCIS). 

Transferring an H-1B petition works similarly to applying for an H-1B visa. The key difference is that it’s not subject to a visa cap or lottery. Even so, USCIS has the discretion to approve or deny your petition. A denied H-1B transfer can be unsettling, leaving you questioning your next steps. In this post, learn what to do when your H-1B transfer gets denied. 

Understand Why an H-1B Transfer Gets Denied

Transferring an H-1B visa is common among skilled foreign workers in the US, but approval is at the discretion of the USCIS. Denial doesn’t automatically revoke your existing H-1B status if you’re still employed with your original sponsor. 

Still, getting your H-1B transfer denial may complicate your ability to switch to a new job. It may also require you to take immediate action to maintain your immigration status in the US. Understanding why H-1B transfers get denied can help strengthen your application. Below are common factors contributing to an unsuccessful H-1B transfer. 

• There’s no evidence to demonstrate that the new job qualifies as an H-1B specialty occupation.
• Concerns regarding the new employer’s financial capacity to meet the prevailing wage.
• Any discrepancy in the application, such as inconsistent descriptions of job duties. 
• Insufficient proof to establish an employer-employee relationship.
• Any instances of immigration violations on the part of an employee or employer. 

Discover What Your Options Are

Getting your H-1B transfer can cause significant stress, but it doesn’t necessarily mean the end of your immigration goal in the US. Knowing your options is key to maintaining lawful status and planning your next steps. Depending on the cause of the H-1B transfer denial, you can take one of the following steps with the assistance of a reliable Los Angeles immigration lawyer: 

• Submit a motion to reopen if you have new evidence that can influence the original decision.
• File a motion to reconsider if you believe there was a legal error in USCIS’s review. 
• Present a stronger petition if the H-1B transfer was denied due to documentation errors. 
• Check your eligibility for other visa options, such as F-1, O-1 (extraordinary ability), and L-1 (intra-company transfer). 

Learn How to Preserve Your Lawful Status

Suppose your petition for an H-1B transfer gets denied. Your authorization to legally remain in the US is until the date specified on your arrival/departure record unless your previous employer hasn’t officially terminated your employment. 

A discretionary 60-day grace period lets you seek new employment, request a change of status, and lawfully stay in the US even if you lose your previous immigration status. During the grace period, you can begin new employment once your new employer properly files a new H-1B petition. 

However, it’s crucial to note that USCIS decides whether to grant this grace period. You must explicitly request the 60-day grace period in a cover letter accompanying your petition or application. This step ensures that USCIS knows about your request and considers it when making a decision. 

Consult ALG Lawyers for Immigration Compliance

A comprehensive understanding of immigration law is essential for changing jobs and employers on an H-1B visa. A qualified Los Angeles immigration lawyer can give you personalized guidance, ensuring immigration compliance and a smooth transition with your new H-1B employer. Contact our reliable team at ALG Lawyers for a scheduled consultation.