Start Date for H-1B Transfer Employees
Determining the start date for H-1B employees employed by another company
As the corporate landscape changes, the demand for qualified people grows. According to a McKinsey 2021 study, 69% of firms asked acknowledged a greater emphasis on skill development following the Covid-19 outbreak. In today’s competitive labor market, overseas personnel, particularly those with H-1B visas, are an invaluable resource. Employers who want to attract top-tier, highly trained individuals may consider sponsoring H-1B candidates.
However, sometimes the best candidate for the job is already on an H-1B visa and working for another US company. In this scenario, determining the employee’s starting date is not always easy. Continue reading to understand what factors to consider and best practices for determining the appropriate start date for H-1B transfer personnel.
When Can an H-1B Transfer Employee Start Working?
One of the most often asked topics during H-1B recruitment is when the transfer candidate can legally begin working. Let’s look at the many options and factors surrounding the start date.
Once U.S. Citizenship and Immigration Services (USCIS) delivers the transfer petition, an H-1B candidate is legally permitted to begin working for the new employer.
However, a more conservative method is for the H-1B candidate to begin employment after gaining USCIS permission for the visa transfer. At the very least, they might contemplate starting once USCIS confirms that the filing fees associated with the transfer application have been processed, which normally takes 4-7 days to 1-2 weeks.
Here’s a closer look at the many alternatives businesses have for calculating an H-1B transfer employee’s start date.
Start Date Option #1: Immediate Commencement.
While not considered best practice, it is legally permissible for an H-1B employee to begin work immediately FedEx or UPS confirms delivery of the transfer petition to USCIS, along with a paper copy receipt. This approach has some limitations, including the time required to gather appropriate papers, process the Labor Condition Application (LCA), and physically submit the application.
Start Date Option #2: Confirmation of Receipt
A less dangerous method would be to base the commencement date on the receipt of the transfer petition rather than its delivery. This gives both the business and the candidate greater assurance that USCIS has acknowledged receipt. Nonetheless, factors like as the time required to complete forms, LCA processing, and the candidate’s notice period from their existing employer can all influence the start date.
Start Date Option #3: Pending USCIS Approval.
The most cautious alternative is to wait for USCIS to approve the transfer petition. While this provides the highest level of assurance, it may result in a waiting period of 4-6 weeks or more. Premium processing results in a decision within 15 calendar days, but it may require further evidence (RFE). Without premium processing, the process may take many months. As a result, most firms find it impractical to base an employee’s start date on USCIS approval.
Best Practices To Consider
To efficiently manage the H-1B recruitment process and guarantee a smooth transfer for H-1B employees, consider these recommended practices.
Negotiate Start Dates:
Accept that start dates are negotiable. Maintain open channels of communication to work out a mutually agreed start date depending on individual circumstances.
Timing of Notice to Current Employer: While candidates frequently offer a normal two-week notice, it is recommended that they wait until the petition has been filed with USCIS, or even until USCIS acceptance, before alerting their present employers. This precaution helps to avoid issues in the event of application denial.
In today’s competitive employment market, securing and maintaining highly competent H-1B personnel is a wise decision for companies looking to stay ahead. Determining the appropriate start date is a vital step in this process because it affects both the business and the candidate. Employers who follow the regulatory criteria and best practices indicated in this article can successfully manage the H-1B recruitment process, providing a smooth transition for their international staff and supporting their talent strategy.
