Receiving a denial on an H-1B transfer can be frustrating, especially when transitioning to a new job. However, it’s essential to approach the situation strategically to protect your employment status in the U.S. Here’s a guide on what steps to consider after an H-1B transfer denial.

1. Understand the Reason for Denial

The first step is to review the denial notice from USCIS carefully. Common reasons for denial include insufficient evidence of the specialty nature of the position, inadequate documentation of the employer-employee relationship, or errors in the application. By identifying the reason, you can better determine your next steps and avoid similar issues in a future application.

2. Assess Options for Appeal or Reapplication

Depending on the reason for denial, you might have the option to appeal. However, appeals can be time-consuming and don’t guarantee approval. Often, reapplying with corrected or additional documentation is a more efficient route. Work with your prospective employer to gather any necessary evidence or submit a new application if possible.

3. Stay with Your Current Employer

If you’re still employed with your original H-1B sponsor, you have the option to remain with them and avoid a lapse in visa status. A denied transfer does not affect your current H-1B status if you haven’t left your existing job. Staying with your current employer gives you the time to evaluate other options without risking your immigration status.

4. File a New H-1B Transfer Application with Enhanced Documentation

If you wish to proceed with the new employer, you may reapply with updated and strengthened documentation. This can include more detailed job descriptions, clearer employer-employee relationship documentation, and any other information requested in the initial denial notice. It may also help to work closely with an immigration attorney to prepare a stronger case.

5. Explore Alternatives

If an H-1B transfer seems increasingly challenging, consider other visa types or options. For example, some individuals may qualify for an O-1 visa if they possess extraordinary ability, or explore a transfer through a dependent spouse visa (such as an H-4 EAD) if eligible. An immigration attorney can help explore these options based on your qualifications and personal situation.

6. Seek Legal Guidance for Complex Cases

In cases where the denial involves complicated or ambiguous issues, consulting an immigration attorney can make a significant difference. They can help with reapplication strategies, appeals, and even alternative immigration pathways.