How to Change Employers with an H-2B Visa

Helpful Resources • By A.Ward • Published on January 12

How to Change Employers with an H-2B Visa

If you have an H-2B visa and want to change jobs while staying in the U.S., you can do something called an “in-country transfer.” This means you can switch employers without leaving the country. Here’s what you need to know and what papers you need to make it happen.

What is an H-2B In-Country Transfer?

An H-2B in-country transfer lets you work for a new employer after your current job ends or is about to end. The new employer must get permission from U.S. Citizenship and Immigration Services (USCIS) and follow the rules of the H-2B program.

What Papers Do You Need?

To transfer jobs, these are the important documents you must have:

  1. Your Passport: Make sure your passport is valid and won’t expire soon.
  2. I-94 Record: This shows when you entered the U.S. and your current visa status. You can get it online if you don’t have a copy.
  3. Visa and H-2B Approval Notice (Form I-797): This paper proves you are on an H-2B visa now.
  4. Job Experience Letter: The new employer is required to submit evidence you qualify for the new job. You must give the new employer a letter from one of your previous employers with details about that show you have experience for the new job.
  5. ETA 9142B Certification: This is a government approval that says the new employer can hire H-2B workers.
  6. Form I-129: The new employer fills out this form to ask USCIS to approve your transfer. They also need to include:
  • The filing fee
  • Papers that prove they have the ETA 9142B certification
  • Proof that you can do the job
  1. Pay Records: Three (3) recent pay stubs or proof of working for your current employer.

Things to Remember

  • File on Time: Your new employer must file Form I-129 usually before your current job’s end date but new rules are going into place that change this rule.
  • Follow the Rules: You and the new employer must follow all H-2B program rules, like the job type, location, and dates.

Summary

Changing jobs on an H-2B visa can be easy if you have all the right papers and follow the process. Talk to your new employer about filing the right forms and staying on time.

Need help or have questions? Visit VisaConnector.com for more information and guidance.