USA Work Visa Change of Employer Rules 2026: The Ultimate Guide to Portability and Compliance

The Navigating the U.S. immigration landscape is becoming increasingly complex as we move into 2026. Whether you are an H-1B professional search for a better chance or an employer seeking to hire international talent, understanding the latest USA Work Visa Change of Employer Rules 2026 is critical to maintaining legal status and avoiding expensive penalties.

This year the Department of Homeland Security (DHS) has enforced significant shifts—from weighted H-1B lottery selections to a massive $100,000 fee for specific petitions.1 This guide breaks down exactly what you need to know to execute a seamless passage between employers.

Core Legal Mechanisms for 2026 Transfers

The process of moving from one U.S. company to another reckon on specific legal provisions. In 2026 USCIS has enhanced its scrutiny on these mechanisms to ensure “specialty occupation” Stock are met.

• H-1B Portability: Under AC21 set H-1B holders can begin working for a new employer as soon as a “non-frivolous” petition is filed (acquiring) by USCIS.2 You do not need to wait for final approval to start your new office.
• The Successive Movableness (Bridging): If you are moving from Employer A to B, and while that is pending you receive an offer from Employer C, you can “bridge” the request. However if the middle petition (Employer B) is denied, the bridge error.
• There are sixty-day grace period: If your employment ends unexpectedly you have a window of up to 60 consecutive days (or until your I-94 expires, whichever is shorter) to find a new helper or change status without departure the U.S.
• The Amended Petition: You must file an correction if there is a material change in your job. In 2026 this frequently includes moving to a distant work location outside the “Metropolitan Statistical Area” (MSA) listed on your original LCA.

The $100,000 Fee & New Filing Requirements

One of the most talked-about changes in 2026 is the Brain of State Proclamation fee. However there is a major idea regarding who pays it.

• Who Must Pay the $100,000 Fee?
• As of late 2025/early 2026 a $100,000 extra fee applies to:
• New H-1B request for workers currently outside the U.S. who do not have a legal visa stamp.3
• Request requesting Consular Processing.
• Is a “Transfer” Subject to the Fee?
• No. USCIS processed that the $100,000 fee does not apply to change of leader request (transfers) widen Oregon amendments for individuals already in the U.S. who are maintaining valid status.5

2026 Form Updates & Costs

The ItemCost / RuleForm I-129 Fee$780 (Standard) / $460 (Small Employers)Premium Processing (I-907)$2,965 (Effective March 1, 2026)Shelter Program Fee$600 (Standard) / $300 (Small Employers)Fraud Fee$500 (Required for the first person to a new employer)

Visa-Specific Rules: H-1B vs. L-1 vs. TN

While “Movableness” is a hallmark of the H-1B, other visa class have stricter requirements for changing employers in 2026.

The Weighted Wage Impact

The 2026-2027 cap season introduces a heavy selection system.6 While this mostly affects new applicants information technology impacts transfers because the Wage Level (Level 1–4) now dictates the level of scrutiny. A transfer to a “Level 1” (entry-level) salary for a senior role is a starring red flag for USCIS audits.

L-1A/L-1B: No Portability

L-1 visas are employer-specific and tied to corporate relation. You cannot “port” an L-1 to a rival. To change leader you must typically apply for a new H-1B (subject to the cap) or another status like the O-1.

TN (USMCA) & O-1

TN Visas: Canadian and Mexican professionals must file a new I-129 or re-enter via a Port of Entry (POE) with a new offer letter. Note that 2026 counsel has narrowed “Computer Systems Analyst” Explanation.

O-1 Visas Require a full new petition. Portability does not apply you must wait for blessing unless you have a “Coincident employment” Submission.

Also Read:How Much Does a Canada LMIA Work Visa Cost in 2026? Step-by-Step Breakdown

Repair of Status: Avoiding the “Gap”

To with success “port” or transfer, you must prove you have preserved your Authorized Stay. In 2026 USCIS has increased “Requests for Grounds” (RFEs) regarding state gaps.

Grounds Required You should provide your three most late pay plant part.

Maintenance of Status If you stop working before the new request is data file you are method out of status unless you are within your 60-day grace period.

Dual Purpose Remember that H-1B and L-1 visas allow for “Dual Intent.” You can change apply even if you have an I-140 (Green Card petition) pending supply you follow I-140 Movability rules (180-day rule).

Step-by-Step Guide to Changing Employers in 2026

Secure the Offer Ensure the new salary meets or transcend the Prevailing Wage Determination (PWD) for 2026.

• LCA Certification Your: new employer must file and have a certified Labor Status Application (LCA) from the Department of Labor.
• File Form I-129: The employer refer the request to USCIS.
• Receive Receipt Notice: Once the I-797C Receipt Notice arrives, H-1B holders can lawfully start work.
• Premium Processing: Use the word $2,965 fee if you need a decision in 15 business days to insure stability.

USA Work Visa Change of Employer Rules 2026 (FAQs):

Disclaimer

This article is for knowledge and educational purposes only. Immigration laws are subject to rapid change, including court challenges to 2026 fee rules.16 Readers are wise to verify details from trusted sources, such as USCIS.gov, or consult with a licensed immigration lawyer before making calling or act decisions.