Change of Employer H-1B Checklist for Employers (Printable)

Use this checklist when sponsoring an H-1B change of employer. Print this page or share with HR — it's general information, not legal advice. Confirm specifics with immigration counsel for each hire.

Before you extend an offer

• ☐ Confirm candidate is in valid H-1B status or 60-day grace period
• ☐ Verify job title, worksite address, and salary meet prevailing wage
• ☐ Align start date with realistic LCA + I-129 timeline (often 4–8 weeks to receipt)
• ☐ Budget $2,999 filing service + USCIS fees (+ premium if needed)
• ☐ Assign internal immigration owner (HR or founder)

Document collection (candidate)

• ☐ Passport and visa stamps
• ☐ All prior I-797 approval notices
• ☐ Current I-94 record
• ☐ 3–6 months recent pay stubs from current H-1B employer
• ☐ Degree(s), transcripts, credential evaluation if needed
• ☐ Updated resume

Filing milestones (employer + counsel)

• ☐ LCA prepared and filed with DOL
• ☐ LCA notice posted at worksite
• ☐ LCA certified
• ☐ Public Access File (PAF) created
• ☐ Form I-129 petition and support letter finalized
• ☐ Attorney review complete
• ☐ Filed with USCIS
• ☐ Receipt notice (I-797C) received and saved

Before the employee starts work

• ☐ Confirm AC21 portability applies — counsel should advise
• ☐ Do not start work before receipt if portability not confirmed
• ☐ Update I-9 and payroll after authorized start
• ☐ Keep copy of receipt and approval in employee immigration file