H-1B Transfers for Startups: A Guide for 50–200 Employee Teams

Series A–C startups hire senior engineers from larger sponsors constantly. Most don't have a mobility team — HR or the founder runs immigration with outside counsel. Change-of-employer transfers are the most common first sponsorship scenario for startups that aren't running lottery registrations.

Why transfers fit startups

• No lottery required — candidate already holds H-1B status
• Predictable flat fees beat open-ended hourly engagements
• Faster than building a Fragomen-style program from scratch
• Candidate portals reduce HR chasing documents over email
• One case at a time — no enterprise minimums

Common startup mistakes

• Waiting until two weeks before start date to open the case
• Underpaying prevailing wage on the LCA for the worksite
• Using a generic job description that doesn't match specialty-occupation standards
• Assuming the candidate can start before USCIS receipt (AC21 rules apply)
• Forgetting PAF and notice posting requirements for the LCA