What is H-1B Portability?
• Answer: In late 2000, US Immigration laws were passed which increased the flexibility of employees, where the employee is currently working in the US on an H-1B temporary nonimmigrant worker Visa for an employer, and who wishes to change employers. This does not, however, negate the need to file and receive approvals for the new employer, prove that the Company is paying at least the minimum prevailing wage or salary for the professional employee in that field, etc. US employers may now hire H-1B employees with another employer after the new employer files an H-1B Petition with the US Citizenship and Immigration Services (CIS) Regional Service Center (RSC) having jurisdiction over its geographic area. Given recent CIS policy opinion letters, guidance memos, and our discussion of procedures being utilized by other Companies around the US, we believe we can now provide some clarity and guidance to individuals and companies to ensure more time effective hiring of H-1B employees. In furt
