Who is eligible to use the H-1B “portability” provisions?
The portability provisions allow a nonimmigrant previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the individual. Previously, individuals in this situation had to await approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed “before, on, or after” the date of enactment (October 18, 2000), so all individuals who meet this definition can begin using the portability provisions.
The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed “before, on, or after” the date of enactment (October 18, 2000), so all aliens who meet this definition can begin using the portability provisions. Return to index . . .
The portability provisions allow a nonimmigrant previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the individual. Previously, individuals in this situation had to await approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed “before, on, or after” the date of enactment (October 18, 2000), so all individuals who meet this definition can begin using the portability provisions.
