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Effective December 12, 2022, the United States Citizenship and Immigration Services (USCIS) is revising its Policy to allow it to automatically extend the validity of Permanent Resident Cards (also known as Green Cards) for lawful permanent residents who have applied for naturalization.
As per the policy update, the USCIS may automatically prolong the validity of a Permanent Resident Card (PRC) (Form I-551) through a receipt notification for an Application for Naturalization (Form N-400), regardless of whether the applicant has submitted an Application to Replace Permanent Resident Card (Form I-90).
This policy update is likely to benefit naturalization candidates who face lengthier processing timeframes, since they will be granted an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card).
LPRs who complete Form N-400, Application for Naturalization, correctly may be granted this extension regardless of whether they filed Form I-90. USCIS will change the language on Form N-400 receipt letters to allow these applicants to extend their Green Cards for up to 24 months.
If provided before the expiration of 24 months extension period, the receipt notification can be presented with the expired Green Card as proof of ongoing status, identity, and employment authorization under List A of Employment Eligibility Verification (Form I-9).
Prior to this change, naturalization applicants who did not apply for naturalization at least six months before the expiration date of their Green Card were required to file Form I-90, Application to Replace Permanent Resident Card (Green Card), in order to maintain proper documentation of their lawful status.
Applicants who applied for citizenship at least six months before the expiration of their Green Card were entitled for an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which provided as temporary proof of their LPR status.
This policy was predicated on a processing objective of 180 days or six months for Form N-400s, which would eliminate the need for applicants to file Form I-90 if they filed at least six months before their Green Card expiration date.
This policy amendment acknowledges USCIS’ current processing timeframes while boosting flexibility and efficiency by lowering the number of ADIT stamp appointments in field offices and the amount of Form I-90s filed, freeing up resources for other immigration benefit adjudications.
All candidates who file Form N-400 on or after December 12, 2022 will be eligible for the extension. LPRs who applied for naturalisation before December 12 will not get a Form N-400 reception notification along with the extension.
If their Green Card expires, they must typically complete Form I-90 or obtain an ADIT stamp in their passport to retain valid documentation of their lawful permanent resident status. Even if they have filed for naturalisation and received the automatic extension under this modified policy, lawful permanent residents who lose their Green Card must still complete Form I-90.
Source: USCIS
- Illegal Voting Charges Target 16 Noncitizens in Federal Cases
Illegal voting charges were announced against 16 noncitizens in cases spanning eight states, according to the U.S. Department of Justice, with allegations involving federal ballots, voter registration and false claims of U.S. citizenship.
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Illegal Voting Update
The cases announced Friday, September 18, 2026, include lawful permanent residents and people whom prosecutors identify as being in the United States unlawfully. The allegations include alleged illegal voting in the 2022 and 2024 elections, along with making false statements during voter registration, naturalization or passport applications.
The Justice Department said the cases were brought in federal districts in Texas, Idaho, Georgia, Massachusetts, Wisconsin, New Jersey and Michigan. The department grouped eight of the cases under Texas federal prosecutions, including seven in the Northern District of Texas and one in the Western District.
What the Justice Department announced
The announcement covers a range of alleged conduct rather than a single coordinated scheme. The central allegations include alleged illegal voting in federal elections or representing themselves as U.S. citizens while registering or attempting to vote.
Federal district Number of people identified Allegations described by DOJ Northern District of Texas 7 Alleged illegal voting, false citizenship statements and a naturalization-related charge Western District of Texas 1 Alleged registration and illegal voting in November 2024 District of Idaho 1 Alleged voting, false citizenship, identity-document, passport and firearm-related offenses Northern District of Georgia 3 Alleged voting in federal elections, false identity use and a passport statement District of Massachusetts 1 Alleged voting in the 2022 and 2024 elections Western District of Wisconsin 1 Alleged false citizenship statement during voter registration District of New Jersey 1 Alleged voting in multiple federal elections and false statements on naturalization applications Eastern District of Michigan 1 Alleged voting in the 2024 general election The figures total 16 people. The Justice Department’s release described eight defendants as residing in Texas when the Northern and Western District cases are considered together.
Texas cases include lawful permanent residents
Seven people identified in the Northern District of Texas were charged in cases involving alleged illegal voting or related false statements. The defendants include lawful permanent residents from Nigeria, Mexico, India and the Democratic Republic of Congo, as well as a Mexican national whom the department described as unlawfully present.
According to the allegations, some defendants allegedly engaged in illegal voting after registering as voters or falsely stating that they were U.S. citizens. One defendant, Joshua Nmelichukwu Akpom, was charged with false statements related to naturalization rather than an illegal voting count listed in the release.
In the Western District of Texas, Monica Carzoli, a lawful permanent resident, was arrested in Del Rio after allegedly registering to vote and voting in the November 2024 election. The department said Carzoli admitted to the conduct described in the case.
Lawful permanent residents, commonly known as green-card holders, are not U.S. citizens and generally cannot vote in federal elections. A registration mistake, however, is not automatically proof of criminal intent; prosecutors must establish the elements of the charged offenses in court.
Idaho indictment includes several additional counts
A federal grand jury in Boise indicted Avila Gomez in a case that includes alleged illegal voting and a broader set of charges. The Justice Department said Gomez allegedly claimed to be a U.S. citizen to register and vote in May 2022 and November 2024.
The indictment also includes allegations involving wire fraud, theft of government funds, fraudulent identification documents, a false statement in a passport application, a false statement during a firearm purchase and unlawful firearm possession.
Because those allegations involve separate federal offenses, the Idaho case could carry different legal consequences from cases focused only on voting. The indictment itself remains an accusation, and the government must prove each count beyond a reasonable doubt.
Georgia cases involve alleged voting and identity claims
Three people in Georgia face charges related to alleged illegal voting. Pauline Lewis was arrested on a complaint alleging that she voted as a noncitizen in a federal election.
Gabriel Covarrubias is accused of voting in person under a false name in the November 2024 federal election and making a false statement in a U.S. passport application. Analiea Milliscent Eccles, whom the department described as a Venezuelan national and DACA recipient, is accused of voting nine times between 2008 and 2024 and falsely claiming U.S. citizenship for voting purposes.
Criminal complaints establish the government’s allegations at the beginning of a case. They do not establish that the accused person committed the offense.
Other defendants face voting or naturalization allegations
The Massachusetts case involves Gladys Adaeze Okafor, a Nigerian national and lawful permanent resident who was arrested and charged with allegedly engaging in illegal voting in the 2022 elections and the 2024 general election.
In Wisconsin, Julieta Englestad, a Colombian national and lawful permanent resident, is accused of falsely claiming to be a U.S. citizen when registering to vote in November 2022. The Justice Department said the alleged registration count carries a maximum penalty of five years in prison, while the alleged illegal voting count carries a maximum of one year if she is convicted.
In New Jersey, Santana Coulibaly is accused of registering in 2016, voting in federal elections in 2018 and 2020, and submitting a provisional ballot during the 2024 presidential election. The case also includes allegations that she made false statements on two naturalization applications.
In Michigan, Victoria Viktorivna Aquilina, a Russian national, was charged with allegedly voting in the 2024 general election after registering to vote in 2023.
Federal law and immigration consequences
Federal law generally prohibits illegal voting by a noncitizen in an election held in whole or in part to choose the president, vice president, presidential electors, members of Congress or certain other federal offices. A limited exception can apply when a state or local election is conducted separately and noncitizens are legally permitted to vote on a nonfederal question.
Separate federal law prohibits knowingly making a false claim of U.S. citizenship to register to vote or vote in a federal, state or local election. The Justice Department has used those provisions in several of the cases announced this week.
USCIS policy also treats unlawful voter registration, unlawful voting and false citizenship claims as potentially significant in immigration matters. Depending on the facts and the applicable law, alleged conduct may affect a person’s eligibility for naturalization, good-moral-character determination, admissibility or removability. Immigration consequences are fact-specific and can depend on what was said, when it was said, the person’s intent and whether a statutory exception applies.
What happens next in the cases
The defendants will proceed through the federal criminal process, which may include initial appearances, detention hearings, arraignments, motions, plea negotiations or trial. The government must prove the charges beyond a reasonable doubt, and a complaint, indictment or information is not a finding of guilt.
People who believe they may have been registered to vote or may have voted despite not being eligible should obtain advice from a qualified immigration and criminal-defense attorney before making statements to investigators or submitting immigration applications. Voting records, registration forms, ballot status and citizenship documents can be important to the analysis.
Anyone applying for naturalization should answer USCIS questions completely and accurately. A person who is unsure how to report prior voter registration or election activity should seek individualized legal advice rather than guessing on Form N-400 or another immigration filing.
The Justice Department said the investigations remain subject to the presumption of innocence. The September 18 announcement does not establish that any defendant is guilty, and the ultimate outcome will be decided through the courts.
Frequently Asked Questions
Can lawful permanent residents vote in federal elections?
Generally, no. Lawful permanent residents are not U.S. citizens and cannot vote in federal elections. Separate state or local rules may apply to limited nonfederal elections, but federal law restricts noncitizen voting in elections involving federal offices.
What is the difference between illegal voting and a false citizenship claim?
Illegal voting concerns casting a ballot when the person is not legally eligible. A false citizenship claim concerns knowingly representing that a person is a U.S. citizen to register or vote. Prosecutors may charge one or both offenses depending on the alleged conduct.
Can alleged illegal voting affect an immigration application?
It can. USCIS policy says unlawful registration, unlawful voting and false claims of U.S. citizenship may affect naturalization and other immigration determinations. The consequences depend on the facts, the person’s intent, timing and applicable statutory exceptions.
Have the 16 defendants been found guilty?
No. The Justice Department announcement concerns charges, complaints, indictments and an information. Each defendant is presumed innocent unless the government proves guilt beyond a reasonable doubt in court.
Fact-Checked: The report was checked against the Justice Department’s September 18, 2026 press release, the cited federal statute and USCIS policy guidance available as of September 19, 2026.
Disclaimer: This article is for general information and is not legal advice. Immigration and criminal consequences depend on the facts of each case.
- H-2A wage warning follows court ruling
H-2A employers must continue using the current adverse effect wage rates while the Department of Labor develops a new methodology following a federal court ruling. The department said September 2, 2026, that no employer is required to pay back wages at this time, but some employers may eventually face wage adjustment payments for work performed during a defined future backpay period.
The announcement from the Labor Department’s Office of Foreign Labor Certification responds to an August 26, 2026, order from the U.S. District Court for the Eastern District of California in United Farm Workers, et al. v. DOL, et al. The court found that the methodology adopted in the department’s 2025 interim final rule was unlawful and directed the agency to create a replacement methodology and publish new wage rates.
The order did not vacate the interim final rule or immediately replace the wage rates already issued under it. As a result, the existing H-2A rates remain operative until the department publishes new rates under a new methodology.
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What the Department of Labor announced
The September 2 notice is primarily a public warning required by the court. It tells state workforce agencies, agricultural employers and the public that certain workers could become eligible for additional wage payments if the new rates ultimately exceed the amounts paid during the relevant period.
The potentially affected period begins September 2, 2026, the date of the notice, and ends when the department issues new adverse effect wage rates under a replacement methodology. The department referred to that interval as the “backpay period.”
Any future payment obligation would depend on the new methodology and rates. Under the court’s order, employers may be required to make wage adjustment payments if qualifying H-2A workers or U.S. workers in corresponding employment were paid less than the new applicable rate for work performed during the backpay period.
The department emphasized that the notice does not itself create a current backpay bill. It also said that complying with the court’s notice requirement does not mean the department agrees that the court may lawfully impose future wage-adjustment obligations on employers.
Which H-2A employers are covered by the notice
The announcement applies broadly to employers connected to H-2A certifications that remain active or are filed during the transition. The covered groups include:
- Employers with previously approved temporary labor certifications whose certified employment end dates remain valid on September 2, 2026, including approved extensions.
- Employers with pending H-2A Applications for Temporary Employment Certification.
- Employers that file new H-2A applications after September 2 and before the OFLC administrator publishes a new AEWR methodology.
The notice concerns both foreign agricultural workers and U.S. workers performing corresponding employment. That is important because H-2A wage protections generally apply to covered U.S. workers doing the same or substantially similar agricultural work under the certified job opportunity.
Employers should not assume that a later wage adjustment, if ordered, would be limited to foreign workers. The department specifically reminded employers to preserve information for H-2A workers and U.S. workers in corresponding employment who could later qualify for backpay.
Current H-2A wage rates remain in effect
For now, employers must continue complying with the applicable H-2A wage requirements. The department’s current wage tables remain the operative reference point until new rates are published.
For non-range occupations, the adverse effect wage rate is one of several wage floors that may apply. Employers generally must offer and pay the highest applicable rate among the AEWR, an available prevailing wage, an agreed collective bargaining rate, and the applicable federal or state minimum wage. Other job-specific requirements may also affect the amount that must be paid.
The dispute centers on how the department calculates hourly AEWRs for non-range agricultural occupations. The October 2, 2025, interim final rule shifted the methodology toward wage information from the Bureau of Labor Statistics Occupational Employment and Wage Statistics survey. It also introduced skill-based wage categories and a standard adjustment related to employer-provided housing for H-2A workers.
The court’s ruling challenged that methodology. The court directed the department to produce a new approach, but the existing rates were left in place while the litigation and rulemaking process continue.
Why the AEWR methodology matters
The AEWR is designed to prevent the employment of temporary foreign workers from adversely affecting the wages and working conditions of U.S. workers. For employers, the rate affects recruitment, job orders, payroll, contracts and the overall cost of obtaining H-2A labor.
A change in methodology can produce different wage results by state, occupation, skill level or job classification. That means the eventual replacement system could affect employers differently depending on the duties described in their job orders and the rates ultimately published by OFLC.
The department said it is continuing to balance two statutory goals: helping employers obtain an adequate agricultural labor supply while protecting U.S. workers from adverse wage effects. It also said it intends to pursue approaches that provide greater continuity and predictability for farmers, workers and other H-2A stakeholders.
Until a new methodology is announced, the department has not instructed employers to retroactively recalculate wages under a different formula. Employers should continue using the applicable rates in effect for their job opportunities and comply with all other H-2A requirements.
Recordkeeping requirements take on added importance
The department reminded employers of their existing obligation to maintain accurate and adequate earnings records. In light of the court order, OFLC urged employers to make reasonable efforts to keep worker information current in case a later proceeding requires wage adjustments.
For potentially affected H-2A workers and U.S. workers in corresponding employment, employers should maintain, where available:
- The worker’s name.
- Permanent home address.
- Social Security number, if one has been issued.
- Form I-94 Arrival/Departure Record number, when available for an H-2A worker.
- Permanent email address.
- Telephone number.
- Accurate earnings and hours records for the work performed.
The notice does not change the underlying recordkeeping rule. Instead, it highlights why complete payroll and contact records may become important if new AEWRs are issued and a court later determines that adjustments are required.
Practical steps for H-2A employers
Employers using the H-2A program should treat the current period as a compliance and documentation transition rather than as an immediate backpay event.
- Continue paying the highest applicable wage. Use the current AEWR and compare it with any prevailing wage, collective bargaining rate and applicable minimum wage requirements.
- Review active certifications. Identify workers employed under certifications that remain valid and applications that are pending or may be filed during the transition.
- Preserve payroll records. Retain time, earnings, deductions and job-duty information for H-2A workers and corresponding U.S. workers.
- Update contact information. Make reasonable efforts to maintain current addresses, phone numbers, email addresses and other identifying information.
- Monitor OFLC announcements. The department said it will notify the public when a new methodology is established and will provide transition procedures at that time.
- Coordinate with advisers. Employers with complex payroll arrangements, piece-rate compensation or multiple job classifications should review their records with qualified immigration or employment counsel.
What happens next
The Labor Department said it is considering its next steps in the litigation and regarding the AEWR methodology. The agency also reserved its position on whether the court has authority to require future backpay adjustments.
The next major administrative event will be OFLC’s announcement of a new methodology and new AEWRs. That announcement is expected to explain when the replacement rates take effect and how employers should handle any transition. The department may also provide additional guidance if the court issues a further ruling on potential backpay.
Until then, the central message for H-2A employers is straightforward: current wage rates remain in force, no backpay is presently due under the September 2 notice, and careful recordkeeping is essential because future obligations remain possible for work performed during the identified transition period.
Frequently Asked Questions
Are H-2A employers required to pay back wages now?
No. The Department of Labor said no backpay obligation exists at this time. The notice warns that certain employers may later be required to make wage adjustment payments if new AEWRs exceed wages paid during the defined backpay period.
When does the potential H-2A backpay period begin?
The potentially affected period begins September 2, 2026, the date of the OFLC notice, and ends when the department issues new AEWRs under a replacement methodology.
Do current H-2A wage rates remain valid?
Yes. The department said current AEWRs remain in effect until new rates are published under a new methodology.
Which workers could be affected by a future adjustment?
Potentially qualifying H-2A workers and U.S. workers in corresponding employment who worked during the backpay period and were paid less than a new applicable AEWR.
What records should H-2A employers maintain?
Employers should maintain accurate earnings records and make reasonable efforts to keep worker names, addresses, Social Security numbers when issued, I-94 numbers when available, email addresses and phone numbers current.
Fact-Checked: Reported from the September 2, 2026 OFLC announcement and cross-checked against current Department of Labor AEWR and Foreign Labor Certification materials and the 2025 interim final rule.
Disclaimer: This article is informational and is not legal advice. Employers should review their specific obligations with qualified counsel.
- Immigration processing times show major PERM delays
Immigration processing times remain uneven across the Department of Labor’s foreign labor programs, with the latest data showing a particularly heavy backlog in PERM labor certification. The Office of Foreign Labor Certification, or OFLC, reported that PERM analyst review was reaching applications with November 2025 priority dates as of August 31, 2026, while the average processing time for analyst-review determinations was 336 calendar days.
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Immigration Processing Times Update
The update also covers prevailing wage determinations and temporary worker programs, including H-2A, H-2B and CW-1 cases. Because each program uses a different queue and reporting method, employers should not treat one program’s immigration processing times as a reliable estimate for another.
PERM cases show the most significant delay
PERM is the Department of Labor’s permanent labor certification process for many employment-based green card cases. The certification generally comes before an employer files the immigrant petition and later stages of the permanent residence process with U.S. Citizenship and Immigration Services.
According to the August 31 update, OFLC was working on PERM cases in three principal queues:
- Analyst review: cases with November 2025 priority dates.
- Audit review: cases with December 2025 priority dates.
- Reconsideration requests to the certifying officer: appeals filed in April 2026.
OFLC also reported that PERM analyst-review determinations averaged 336 calendar days in August 2026. No average was listed for audit review for that month. The agency cautioned that actual case timing may vary based on the facts and circumstances of each employer’s application.
The posted queue dates are not guarantees of a decision date. They identify the month and year of cases currently being adjudicated, and OFLC may sometimes complete cases filed earlier than the posted month. Employers whose cases were filed more than three months before the listed month may contact the OFLC PERM Helpdesk for a status inquiry.
Prevailing wage queues remain backlogged
Prevailing wage determinations are used by employers in several foreign worker programs to establish the wage that must be offered for a particular job and location. The newest immigration processing times update lists separate queues for wage requests based on OEWS data and non-OEWS data.
Program OEWS receipt month Non-OEWS receipt month CW-1 May 2026 Not listed H-1B May 2026 May 2026 H-2B July 2026 Not listed PERM May 2026 May 2026 The remaining-request figures show the scale of some of those queues. For PERM prevailing wage requests, OFLC listed 2,683 remaining cases from May 2026, 15,781 from June, 15,185 from July and 14,189 from August. H-2B showed 206 remaining requests from July and 3,671 from August.
For H-1B prevailing wage requests, the posted figures included 303 remaining cases from June, 233 from July and 176 from August. The agency notes that withdrawn and voided requests are excluded, so earlier-month totals can change.
H-2A processing is moving faster than PERM
H-2A immigration processing times are reported weekly and focus on the issuance of an initial Notice of Acceptance or Notice of Deficiency. The H-2A update was current through September 12, 2026.
OFLC marked the week of August 30 through September 5 as the most recent completed week, with all 248 submitted cases receiving a first notice. For the week of September 6 through September 12, 153 of 244 cases had received a first notice, representing 62.7 percent of submissions.
For the two-week period covered by the agency’s average, complete H-2A cases took an average of 18 calendar days to process. Incomplete cases averaged 32 calendar days. OFLC defines a complete application as one containing the documentation needed for a final determination 30 days before the employer’s start date of need.
The distinction is important for agricultural employers. Missing documents can result in a longer processing period, and the H-2A figures should not be compared directly with the PERM average, which measures a different program and adjudication stage.
H-2B cases move through the fiscal-year cap windows
The H-2B update, current through September 17, 2026, separates cases by requested date of need. It reports both cases submitted and worker positions requested, followed by notices issued, pending cases and final decisions.
For the second half of fiscal year 2026, OFLC reported 10,474 cases with final decisions and 143,929 worker positions certified. The figures covered requested dates of need from January 1 through September 30, 2026.
For the first half of fiscal year 2027, OFLC reported 3,108 cases with final decisions and 55,604 worker positions certified. The data included July 3-5 Group A and Group B filings, July and August filings, and part of September. September filings were still moving through the initial notice stage, with 147 of 224 cases receiving a first notice, or 66 percent.
OFLC identifies post-notice pending cases as applications that have received a notice and are either actively recruiting U.S. workers or responding to a Notice of Deficiency. A pending figure therefore does not necessarily mean the application has been rejected or is nearing a final denial.
CW-1 filings also show unfinished September work
The CW-1 program covers certain employers and workers in the Commonwealth of the Northern Mariana Islands. Its immigration processing times update was current through September 12, 2026.
Across the listed application types, OFLC reported 1,895 submitted cases involving 7,901 requested worker positions. The agency had issued a first notice in 1,851 cases, or 97.7 percent. It listed 343 cases involving 1,662 positions as pending after a notice, while 1,508 cases involving 5,059 positions had received final decisions and certification.
Renewal cases accounted for 1,159 submissions and 975 final decisions. New CW-1 visa requests accounted for 736 submissions and 533 final decisions. September filings were still early in the process: 26 of 69 cases had received a first notice, or 48.1 percent, and no September cases were listed as having final decisions.
What employers should do with the latest data
Employers should use the posted immigration processing times as planning information rather than as a promise that a particular case will be completed on a specific date. The most useful next steps depend on the program.
- Check the correct OFLC queue. A PERM case, a prevailing wage request and an H-2B application appear in different tables and should be tracked separately.
- Build in additional time for PERM. The 336-day analyst-review average shows that employers may need to plan well ahead for later immigration filings and employment timelines.
- Submit complete temporary-worker filings. H-2A employers should confirm that required supporting documents are included because OFLC reports longer average processing for incomplete cases.
- Review notices promptly. A Notice of Deficiency or other agency request can leave a case in the post-notice pending category until the employer responds or the case receives a final determination.
- Use FLAG case tools and help desks appropriately. Employers can monitor case information through the Foreign Labor Application Gateway and contact the PERM Helpdesk when a case is more than three months older than the posted processing month.
How often OFLC updates its processing data
OFLC uses different update schedules. Prevailing wage and PERM data are updated at the end of the first work week of each month. H-2A and CW-1 data are generally updated weekly, while H-2B data receive weekly updates and additional updates during the week.
That schedule means the figures can change quickly for temporary programs but may remain unchanged for several weeks for PERM and prevailing wage queues. Employers reviewing immigration processing times should record the date of the update and the relevant receipt or priority month before making staffing or filing decisions.
The September 2026 immigration processing times data present a mixed picture: H-2A notices are being issued on a weekly basis, H-2B cases continue to move through fiscal-year filing windows, and CW-1 cases are receiving substantial numbers of decisions. PERM and several prevailing wage queues, however, continue to reflect lengthy waits that employers should account for in long-term immigration planning.
Frequently Asked Questions
What are the latest PERM processing times reported by the Department of Labor?
As of August 31, 2026, OFLC listed November 2025 priority dates for PERM analyst review and December 2025 for audit review. The average analyst-review time for August was 336 calendar days.
Does the PERM processing time guarantee when a case will be decided?
No. OFLC says its posted dates identify the cases currently being adjudicated, and actual processing may vary depending on the facts and circumstances of the application.
How quickly are H-2A cases being processed?
For the two-week period reported through September 12, 2026, complete H-2A cases averaged 18 calendar days and incomplete cases averaged 32 calendar days.
Where can employers check OFLC case progress?
Employers can review the Department of Labor’s FLAG processing-times page and use the Foreign Labor Application Gateway case-status tools. PERM employers may also contact the OFLC PERM Helpdesk when a case is more than three months older than the posted processing month.
Fact-Checked: Verified against the U.S. Department of Labor OFLC FLAG processing-times page on September 19, 2026; the latest listed program updates range from August 31 through September 17, 2026.
Disclaimer: Processing figures are agency estimates and queue snapshots, not guarantees. Individual cases may take longer or shorter depending on filing details and agency action.
- Massive Easter Flight Crisis Sparks Weeks of Travel Chaos Across the United States
Flight disruptions on April 6, 2026, have turned Easter Monday into a nightmare for millions of American travellers, as the United States aviation system recorded a staggering 5,029 total disruptions, making it one of the most chaotic return-travel days in modern U.S. aviation history outside the COVID-19 pandemic.
The country’s airline network has been severely impacted on what is traditionally the busiest return-travel day of the Easter holiday, due to a combination of record Easter passenger volumes, a four-day cascading delay buildup, severe weather at major hubs, and a crippling TSA staffing crisis linked to a partial DHS government shutdown.
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The Shocking Numbers Behind Today’s Crisis
The scale of today’s disruption is staggering.
- 307 flights cancelled across the United States
- 4,722 flights delayed, pushing total disruptions to 5,029
- 2.8 million passengers projected to fly today alone
- More than 13,000 flight delays recorded globally, with over 800 directly affecting U.S. routes
These numbers don’t just represent statistics.
Behind each disruption is a traveler stranded at a gate, a family sleeping on an airport floor, or a business traveler missing a critical meeting, and there are no easy seats available to rebook into, because virtually every flight operating today is completely full.
Which Airlines Are Hit the Hardest?
Delta Air Lines is the most severely affected carrier today, with 139 cancellations and 408 delays, resulting in a total of 547 disruptions in a single day. This represents one of the airline’s worst cancellation events of the entire year, driven largely by the ripple effects hitting its massive hub at Atlanta’s Hartsfield-Jackson International Airport.
Airline Cancellations Delays Total Disruptions Delta Air Lines 139 408 547 American Airlines 3 582 585 United Airlines 14 400 414 Endeavor Air (Delta regional) 23 246 269 PSA Airlines (American regional) 15 209 224 Spirit Airlines 12 130 142 Frontier Airlines 10 125 135 Alaska Airlines 6 41 47 American Airlines, interestingly, is recording the highest delay count of any carrier at 582 delays, but only 3 cancellations. This reflects a deliberate strategy by the airline to absorb disruption through lengthy delays rather than trigger the full cash refund obligations that come with outright cancellations.
Which Airports Are the Most Disrupted?
Atlanta’s Hartsfield-Jackson International Airport is the undisputed epicentre of today’s chaos, logging 35 cancellations and 153 delays, the highest cancellation count of any U.S. airport today. Since Atlanta is Delta’s primary mega-hub, processing over 900 Delta and Delta Connection flights per day, any disruption here cascades immediately across the entire national network.
LaGuardia Airport in New York is recording the highest delay count of any single airport, with a jaw-dropping 262 delays and 28 cancellations, making it the most delay-congested facility in the country right now.
Here is a full breakdown of the most disrupted airports:
Airport Cancellations Delays Hartsfield-Jackson Atlanta (ATL) 35 153 LaGuardia, New York (LGA) 28 262 Detroit Metropolitan (DTW) 12 75 Newark Liberty (EWR) 8 85 JFK International, New York (JFK) 5 129 George Bush Intercontinental, Houston (IAH) 5 121 Minneapolis–Saint Paul (MSP) 6 57 O’Hare International, Chicago (ORD) 4 185 Philadelphia International (PHL) 4 97 Las Vegas Harry Reid (LAS) 5 3 Miami International Airport is also experiencing severe disruption, with 265 delays and 9 cancellations affecting major domestic and transatlantic corridors, including routes to London, New York, Chicago, Dallas, and Los Angeles.
The Real Reasons Behind the Crisis
Today’s collapse is not the result of a single cause; in fact, it is the convergence of four separate, simultaneous crises that have compounded over four consecutive days to produce an unprecedented breakdown.
1. Record Easter Passenger Volumes
Airlines for America projected approximately 2.8 million passengers per day across the Easter travel peak. Easter Monday is the single busiest return-travel day of the entire holiday window, as Sunday and Monday streams overlap simultaneously.
Hartsfield-Jackson alone expected over 8.3 million passengers across the month of April, and today represents the peak of that surge. With every flight packed to capacity and no spare seats for rebooking, a cancelled flight means a traveller waiting 24 – 48 hours for the next available seat.
2. The TSA Staffing Crisis Rooted in the DHS Shutdown
This is the hidden engine powering much of today’s chaos. The U.S. Department of Homeland Security has been operating under a partial government shutdown since mid-February 2026, after a congressional funding deadlock over immigration enforcement policy. Because TSA officers are classified as essential workers, they have been required to continue working, but without pay, throughout the shutdown.
The consequences have been catastrophic for airport operations:
- More than 500 TSA officers have resigned nationwide since the shutdown began
- Callout rates for unscheduled absences spiked from around 2% pre-shutdown to 6% on average, with some airports recording single-day callout rates exceeding 40–55%
- Airports in Houston, Atlanta, New Orleans, and Philadelphia have been particularly hard hit
- Security wait times at major hubs stretched to two to four hours, causing passengers to miss flights and triggering domino-effect delays
- Each new TSO replacement requires four to six months of training, meaning the staffing gap cannot be filled quickly even after the shutdown ends
A senior TSA official has warned publicly that the ripple effects of the shutdown could cause airport headaches for weeks to come and that newly hired officers will not be ready in time even for the upcoming 2026 FIFA World Cup, which is set to bring tens of millions of additional travellers through U.S. airports across 11 host cities.
3. A Four-Day Cascading Delay Buildup
Today’s disruption didn’t begin today. It started accumulating on Good Friday, April 3, when severe thunderstorms struck the Chicago area and caused a collapse at O’Hare International, generating 2,343 disruptions on that single day alone. That cascading wave carried through Easter Saturday and Easter Sunday, leaving aircraft and crews displaced, mispositioned, and unable to reset before Monday’s return surge arrived.
By the time Easter Monday began, the U.S. aviation network was already operating with a massive hidden deficit: wrong planes in wrong cities, fatigued crews at legal rest limits, and gates at hub airports still processing backed-up passengers from the prior two days.
4. Severe and Persistent Weather Patterns
The Federal Aviation Administration cited weather-related disruptions as a major factor across the Easter period, including thunderstorms, heavy fog, and strong wind events affecting key hubs. The FAA’s Air Traffic Report for early April flagged low cloud conditions at New York’s JFK, LaGuardia, and Newark airports, alongside Philadelphia and Washington D.C., and warned of thunderstorm risk at Orlando, Tampa, Detroit, and Indianapolis. These are precisely the airports appearing repeatedly on today’s worst-disrupted list.
What Travelers Can Do Right Now
If you are stuck at an airport today, here are your most important options:
- Request a cash refund immediately if your flight is cancelled. Under U.S. Department of Transportation rules, a cancellation entitles you to a full refund — not just a voucher — regardless of the reason.
- Know the 3-hour delay rule. If your flight is delayed more than 3 hours for reasons within the airline’s control (staffing, mechanical), you have the right to a full refund and the option not to fly.
- Demand meal vouchers. Airlines are required to provide meal vouchers for significant delays. Ask at the gate desk, not via the app.
- Book hotels immediately if you face an overnight situation, since airport hotel prices surge within hours of major cancellation waves. Do not wait in line first.
- Consider flying Tuesday, April 7 if you have any flexibility at all. Recovery is expected to begin as the Easter return surge normalizes, and Tuesday morning departures from Atlanta, Chicago, and New York are projected to be significantly calmer.
- Use the airline app first to rebook, not the customer service counter. App rebooking is faster and often surfaces options the counter agents cannot access.
- Document all expenses: meals, hotels, transportation, with receipts, so you can file a compensation claim within 30–60 days.
When Will Things Get Back to Normal?
Recovery is expected to begin gradually on Tuesday, April 7, as return-travel demand drops sharply and airlines begin the standard 48–72-hour process of repositioning aircraft and crews back to their home bases.
However, the underlying TSA staffing deficit created by the DHS shutdown means airport security lines are likely to remain unpredictable through at least mid-April. A TSA official confirmed that the agency is dealing with a four-to-six-month lag in training replacements for the officers who have already resigned, meaning the system will remain structurally weaker than before the shutdown for months to come.
Travelers planning trips through late April and into the summer should continue to arrive early, build buffer time for connections, and monitor conditions closely, particularly at the high-risk hub airports: Atlanta, Chicago O’Hare, New York’s three airports, Houston, and Philadelphia.
Frequently Asked Questions (FAQs)
If my flight is cancelled today, am I entitled to a hotel room paid by the airline?
This depends on the cause of the cancellation. If the airline cancels your flight for reasons within its control, such as crew or staffing issues, it is generally obligated to provide hotel accommodation for an overnight delay. However, if the cancellation is attributed purely to weather, which is classified as an “extraordinary circumstance,” the airline’s obligation typically does not extend to hotel costs. Always ask the gate agent explicitly which category applies to your specific cancellation, and document the response.
Can I claim compensation beyond a refund under U.S. law?
Unlike European Union regulations under EU261, the United States does not have a blanket federal law mandating cash compensation beyond a refund for flight delays and cancellations. The DOT requires full cash refunds for cancellations and for delays exceeding three hours where the airline is at fault, but it does not compel airlines to pay additional damages for inconvenience. Some airlines voluntarily offer travel credits or miles as goodwill gestures, but these are not legally required.
Will travel insurance cover the costs from this Easter disruption?
Most travel insurance policies cover trip delays and cancellations caused by covered reasons, which typically include severe weather and mechanical failure. However, coverage for disruptions caused by government actions, such as the TSA staffing crisis stemming from the DHS shutdown, can vary significantly by policy. Review your specific policy’s list of covered perils and contact your insurer as soon as possible to begin the claims process, as most policies have time-sensitive reporting requirements.
How will the TSA staffing crisis affect summer travel if the DHS shutdown drags on?
The TSA has already warned that its recruitment and training pipeline has been severely set back, with a confirmed four-to-six-month lag before newly hired officers are ready for deployment. If the DHS funding situation is not resolved quickly, summer travel, already expected to be at record volumes, could see persistent security bottlenecks. There is particular concern about the ability to screen passengers adequately for the 2026 FIFA World Cup, scheduled across 11 U.S. cities, which will bring unprecedented international passenger volumes through affected airports.
Is this level of Easter disruption unprecedented, or has it happened before?
The Easter 2026 disruption has been described by aviation analysts as the worst Easter-period travel crisis in the modern era of U.S. aviation, excluding the COVID-19 pandemic. While individual major weather events have triggered large one-day spikes in the past, the combination of a multi-day cascading delay buildup, TSA staffing collapse, and record peak-season passenger volumes hitting simultaneously over four consecutive days is an unusually severe convergence of stressors. Prior Easter weekends have seen disruption, but rarely across this many days, airports, and root causes at once.
- You Can Change H-1B Jobs Without Losing Status in 2026
H-1B portability is one of the most powerful but least understood protections in U.S. immigration law, the right to change employers without going back into the lottery, without losing your status, and in most cases, without waiting for your new petition to be approved before you start working.
This right was created by the American Competitiveness in the Twenty-First Century Act, known as AC21, and it remains fully in effect in 2026.
Despite a more demanding enforcement environment, the latest H-1B visa updates confirm that the core portability rule has not changed: you can move employers, you can start the new job on filing, and your H-1B cap exemption travels with you.
What has changed in 2026 is the level of scrutiny USCIS applies to every transfer petition with more requests for evidence, more site visits, more questions about job duties, wages, and employer control.
This guide explains exactly how the transfer works, what you must do to stay protected, and where workers commonly run into problems.
Table of Contents
What Is an H-1B Transfer?
An H-1B transfer, technically called a change of employer petition, is when your new employer files a fresh Form I-129 with USCIS on your behalf, requesting that your H-1B classification be applied to your new position.
Despite the word “transfer,” your H-1B status is not actually transferred from one employer to another. Your current employer’s approval ends when you stop working for them. Your new employer’s approval begins when their petition is filed, not when it is approved.
This filing-equals-authorization rule is the heart of AC21 portability, and it is what allows you to start a new job so quickly.
An H-1B transfer is completely different from an H-1B extension with the same employer, extensions renew your time in the same role with the same company.
A transfer changes your employer entirely, and requires all the same documentation as an original H-1B petition, just without the cap lottery.
One of the biggest misconceptions about changing H-1B employers is that you need to re-enter the lottery, NO, you do not.
As long as you were previously counted against the H-1B cap, which is true of most H-1B holders inside the U.S., your new employer can file a change of employer petition at any time, without waiting for a new cap selection.
This is what makes H-1B portability so valuable for career advancement.
Who Is Eligible to Transfer H-1B Employers?
Not every H-1B worker can immediately file a transfer. You must meet specific conditions before your new employer files.
Eligibility Requirement What It Means in Practice You are currently in valid H-1B status Your I-94 expiration date has not passed — or you are within the 60-day grace period after employment ends You were previously counted against the H-1B cap Most H-1B holders meet this — cap-exempt workers (nonprofits, universities, research institutions) have separate rules Your new position is a specialty occupation Requires at least a bachelor’s degree in a specific field — same standard as the original H-1B Your new employer has a genuine employer-employee relationship The new company must have real control over your work — staffing arrangements and third-party placements face higher scrutiny in 2026 Your new employer files a non-frivolous petition The petition must be complete, accurate, and supported by documentation — incomplete or obviously flawed filings do not trigger portability A certified LCA covers the new role and location The Department of Labor must certify the Labor Condition Application before Form I-129 is filed The AC21 Portability Rule — When You Can Legally Start Working
Under AC21 Section 105, you may begin working for your new employer as soon as USCIS receives the new I-129 transfer petition, not when it is approved.
This is one of the most valuable and most misunderstood rules in U.S. immigration law, you do not need to wait months for a decision, you need only a receipt notice confirming USCIS has the petition in hand.
The law uses the term “non-frivolous” to describe the type of petition that triggers portability.
A non-frivolous petition is one that is complete, supported by appropriate documentation, and presents a plausible H-1B case, even if USCIS ultimately issues a Request for Evidence or even a denial.
A petition filled with missing documents, false information, or an obviously unqualified employer does not qualify as non-frivolous and does not trigger portability rights.
Event What It Means for Your Work Authorization New employer files Form I-129 Portability is triggered. You may begin working for the new employer today, do not wait for the receipt notice to arrive. USCIS issues receipt notice (I-797C) Confirmation that the petition was accepted. Use this for I-9 documentation with your new employer. Arrives 1–4 weeks after filing. USCIS issues RFE Processing is paused pending your response. You may continue working throughout the RFE period. Respond completely within the deadline. USCIS approves the petition Your status is fully formalized. You now have an approved H-1B tied to the new employer and your I-94 is updated with the new validity dates. USCIS denies the petition Work authorization ends immediately on the date of the denial notice. You cannot continue working. Consult an attorney about options. The key practical takeaway is that, do not resign your current job until your new employer has the LCA certified and Form I-129 ready to file.
Every day between leaving your old employer and filing the new petition is a period where your status is unprotected.
The 60-Day Grace Period: What It Is
If your employment ends, whether through a layoff, a firing, or your own resignation, before your I-94 expires, USCIS provides a discretionary 60-day grace period.
During this grace period, you remain in a lawful period of authorized stay, you can use it to find a new employer and file a transfer petition. You cannot legally work, however, until the new petition is received by USCIS.
The Grace Period Is Discretionary, It is not a Right.
The 60-day grace period is granted at USCIS’s discretion when adjudicating a future petition, it is not a formal status and does not automatically protect you.
If you wait until day 59 and file a transfer petition that is then denied, you may find yourself without status, the grace period is meant to give you time to act quickly, not to take an extended break between jobs.
Grace Period Scenario Your Status and Options Laid off — I-94 still valid Grace period applies. File transfer petition ASAP. You may work once new petition is received by USCIS. Resigned — I-94 still valid Grace period generally applies. File immediately. Delay after voluntary resignation can raise questions. I-94 expired, still employed You may already be out of status. Consult an attorney before taking any action. I-94 expired, no longer employed No grace period available, status terminated. Consult an attorney about options to regularize status. Still in grace period, petition filed Portability applies. You can start the new job once USCIS receives the petition. Grace period expired, no petition Status has lapsed. Departure or attorney consultation required urgently. H-1B Transfer Fees in 2026
H-1B transfer fees are substantial, and under federal law, the sponsoring employer is required to pay most of them. Charging the employee for H-1B fees is a violation of the Labor Condition Application.
The fee increases that took effect on March 1, 2026, including the raised premium processing fee.
Fee Amount (2026) Who Is Responsible I-129 base filing fee (large employer) $780 Employer — mandatory I-129 base filing fee (small employer / nonprofit) $460 Employer — mandatory Fraud Prevention and Detection Fee $500 Employer — mandatory (most transfers) Asylum Program Fee (26+ FTE) $600 Employer — mandatory Asylum Program Fee (small employer) $300 Employer — mandatory Asylum Program Fee (nonprofit) $0 Exempt ACWIA Training Fee (26–50 employees) $750 Employer — mandatory ACWIA Training Fee (51+ employees) $1,500 Employer — mandatory Public Law 114-113 Fee (50%+ H-1B/L-1 workforce) $4,000 Employer — mandatory if threshold met Premium Processing (Form I-907 — optional) $2,965 Employee may pay voluntarily; employer may also pay The only fee an employee may legally pay out of pocket is the premium processing fee, and only if the employee chooses to request it for their own benefit and the employer did not initiate the premium processing request.
USCIS released updated guidance on fee responsibility under the H-1B program’s fee rules, the Department of Labor enforces wage compliance and fee obligations through audits of LCA documentation.
Documents Required for an H-1B Transfer
Your new employer’s immigration attorney prepares most of the petition. However, you will need to provide several key documents quickly to keep the process on schedule.
Documents you provide to your new employer
- Copies of all previous H-1B approval notices (Form I-797) from every employer
- Your current passport biographic page, must be valid
- Your most recent Form I-94 Arrival/Departure Record, print from i94.cbp.dhs.gov
- All prior H-1B visa stamps in your passport
- Recent pay stubs from your current employer – typically the last 2 to 3 months
- Your educational credentials – degree certificates and transcripts
- Copies of any prior immigration-related documents – including I-140 approvals, priority dates, or pending Green Card paperwork
Documents the new employer prepares
- Certified Labor Condition Application (LCA) from the Department of Labor – must be certified before I-129 is filed
- Completed Form I-129 with H Classification Supplement
- Support letter describing the new position, qualifications required, and how you meet them
- Evidence of the employer’s ability to pay the LCA wage
- Public Access File confirming LCA compliance for the work location
- Evidence of the specialty occupation nature of the role – job description, industry standards, educational requirements
- For third-party placements: client letters and contracts demonstrating employer control over the day-to-day work
In 2026, USCIS is specifically scrutinizing the employer-employee relationship for third-party placement and staffing arrangements. A job title that does not clearly require a degree, or a client letter that suggests the end client, not your new employer, controls your work, is one of the fastest routes to an RFE.
The proposed DHS wage-based H-1B system and ongoing enforcement reforms mean that documentation quality matters more than it did even one year ago. Cutting corners on supporting documents is the most avoidable cause of delay in an H-1B transfer.
The H-1B Transfer Process: Step by Step
Stage What Happens Negotiate the offer Agree on the new role, salary, and start date. Confirm the employer understands they must file the transfer petition before you can start working. Do not give notice at your current job yet. LCA preparation Your new employer’s attorney prepares Form ETA 9035, the Labor Condition Application, and submits it to the Department of Labor. DOL typically certifies LCAs within 7 business days. The LCA must cover the wage level, work location, and hours for your specific role. I-129 preparation Once the LCA is certified, the attorney prepares Form I-129 and the full supporting package. This typically takes one to three weeks depending on the complexity of the case and document availability. Petition filed with USCIS The I-129 package is submitted, online through myUSCIS or by mail to the appropriate service center. This is the moment portability is triggered. You may begin working for the new employer once USCIS receives the filing. Give notice at old job Once the transfer petition is filed and you have confirmation it was received, you can safely give notice. Ideally, coordinate your last day at the old job and first day at the new job to align with the filing date. Receipt notice arrives USCIS sends Form I-797C, your receipt notice, within 1 to 4 weeks. Use this with your I-9 documentation at your new employer to formally confirm work authorization. Your HR team should annotate your I-9 with your AC21 portability status. Processing USCIS reviews the petition. In 2026, expect 3 to 6 months for standard processing at most service centers. If an RFE is issued, respond completely within the given deadline — partial responses lead to denials. Approval USCIS issues Form I-797 — your approval notice — with your new validity dates. Your I-94 is updated. Your H-1B is now formally tied to the new employer. Keep this notice with your immigration documents. Track your case in real time using your receipt number at egov.uscis.gov/casestatus. Current H-1B processing times by service center are available at egov.uscis.gov/processing-times.
What USCIS Is Scrutinizing Harder in 2026
H-1B transfers in 2026 face a meaningfully higher rate of Requests for Evidence than in prior years. USCIS is applying the same enforcement intensity to transfer petitions that it applies to new H-1B filings.
According to the latest USCIS changes and immigration updates, the following issues are generating the most RFEs on H-1B transfer petitions in 2026:
- Specialty occupation standard. USCIS is examining whether the new role genuinely requires a degree in a specific field. A generic job title like ‘IT Consultant’ or ‘Software Developer’ paired with a vague job description is a high RFE risk. Job descriptions must clearly connect duties to a qualifying specialty field.
- Wage level mismatches. If your job description reads like a senior-level role but your LCA wage is set at Level 1, USCIS will question whether the classification is accurate. Wage level must align with the actual complexity and responsibility of the role.
- Work location inconsistencies. If you work remotely or at a client site, the LCA must cover the actual physical work location — not just the employer’s headquarters address. Each work location must be listed and a worksite LCA must be posted correctly.
- Employer control for staffing arrangements. If you are placed at a client’s office, USCIS wants to see evidence that your new employer — not the client — controls your day-to-day duties, sets your schedule, and has the authority to fire you. End-client letters confirming these facts are increasingly required.
- Site visits. USCIS compliance officers are conducting unannounced site visits to H-1B worksites. If the employer cannot confirm basic facts about your role — your supervisor, your desk, your typical tasks — that creates problems at extension time.
The Project Firewall enforcement initiative launched in 2025 specifically targets H-1B fraud and abuse. While it primarily affects fraudulent petitions, the increased enforcement posture has raised scrutiny across all H-1B filings, including straightforward transfers.
Traveling Internationally During an H-1B Transfer
Traveling outside the United States while your H-1B transfer is pending is one of the highest-risk actions you can take during the process.
Your existing H-1B visa stamp — issued by a U.S. consulate — remains valid for travel purposes during its printed validity period, even after you change employers. If it has not expired, you can use it to re-enter the U.S. after your new I-129 has been filed.
However, re-entering the U.S. before the receipt notice has been issued creates complications. You will be entering on your old employer’s H-1B approval, and your portability rights technically depend on having a pending petition. Without confirmation the petition was received, CBP may question the basis of your admission.
The safest approach is to avoid international travel between filing and receiving the I-797C receipt notice — typically a period of one to four weeks.
For longer pending periods, carry both your old employer’s approval notice and your new employer’s receipt notice when traveling. Consult an immigration attorney before booking any international travel while your transfer is pending. The same caution applies to Green Card holders traveling internationally, who face a different but related set of travel risks.
What Happens to Your Green Card Process When You Transfer?
If your current employer was sponsoring you for a Green Card, changing employers raises questions about how that process is affected.
The answer depends on where in the Green Card process you are when you change jobs.
If your I-140 has been pending less than 180 days
Your I-140 immigrant petition is tied to your sponsoring employer. If you leave that employer before the I-140 has been approved for 180 days, the new employer cannot rely on that petition.
Your priority date, your place in the Green Card queue, is lost unless your new employer files a fresh I-140. If you are from India or China, where backlogs stretch for decades, losing your priority date has enormous consequences.
This is the most critical immigration consideration in any job change. Read our complete guide on US Green Card options and the EB-2 priority date freeze to understand the full implications before deciding to transfer.
If your I-140 has been approved for more than 180 days
Under AC21 Section 106, if your I-140 has been approved for at least 180 days, it becomes portable.
This means the approved I-140, and the priority date attached to it, can be used by your new employer to support your Green Card even after you leave the original sponsoring employer.
However, the new job must be in the same or a similar occupational classification as the job described in the I-140.
A software engineer cannot use an I-140 approved for a role as a financial analyst.
The intersection of H-1B portability and I-140 portability is one of the most complex areas in U.S. immigration law.
A decision that is safe for your H-1B status can permanently damage your Green Card priority date if handled incorrectly, before you sign an offer letter with a new employer, have a qualified immigration attorney review your full immigration timeline.
Frequently Asked Questions (FAQs)
Can I transfer my H-1B to a self-owned business or startup?
Yes, but with significant additional requirements that make this one of the most scrutinized H-1B scenarios. For an H-1B transfer to your own company, USCIS must be satisfied that a genuine employer-employee relationship exists, meaning the company, not you personally, controls your work, sets your schedule, and has the authority to fire you. This is almost impossible to demonstrate if you are the sole owner of the company. USCIS expects to see a board of directors, investors, or another supervising authority that has legitimate control over the employee, which is you. Startups with multiple co-founders, investors, or board oversight can sometimes make this work. Sole proprietorships and single-member LLCs almost always cannot. Consult an experienced H-1B attorney before attempting this approach.
My H-1B transfer petition was denied. Do I have to leave the United States immediately?
Not necessarily, but you must act immediately. When USCIS denies an H-1B transfer petition, your work authorization with the new employer ends on the date of the denial. However, your options depend on your specific situation at the time of denial. If your original employer’s H-1B petition is still valid and they are willing to re-employ you, you may be able to return to your old job, your original H-1B was not cancelled by the transfer attempt. If you are within the 60-day grace period, another employer can file a new transfer petition on your behalf. If none of these options are available, you must either change to another lawful status, leave the United States, or consult an attorney about filing a motion to reopen the denied petition.
How many times can I transfer my H-1B?
There is no limit on the number of H-1B transfers you can make. You can move employers as many times as needed, provided each new employer files a proper I-129 petition, each new role qualifies as a specialty occupation, and you maintain valid H-1B status or a qualifying grace period between filings. Multiple transfers in a short period can, however, raise practical concerns. Frequent job changes may make it harder for a new employer to document a stable employer-employee relationship, and USCIS officers reviewing the petitions may scrutinize the consistency of your specialty occupation claims across multiple roles. Frequent transfers also complicate your Green Card timeline if each employer was sponsoring a new I-140 that never reached the 180-day approval threshold needed for I-140 portability.
Does my H-4 spouse’s EAD remain valid when I transfer employers?
Yes, your H-4 spouse’s EAD remains valid through its printed expiration date, even as you change H-1B employers. The H-4 EAD is tied to your H-1B status, specifically to the fact that you have an approved I-140 and are extending beyond the six-year cap. It is not tied to a specific employer. However, if your H-4 EAD is based on your approved I-140 from your previous employer, and you lose the ability to rely on that I-140 after the transfer, because it had not yet been approved for 180 days, there could be downstream implications when it comes time to renew the H-4 EAD. Review the H-4 EAD renewal implications with an immigration attorney at the time you change employers.
My new employer asked me to pay the filing fees for my H-1B transfer. Is that legal?
In most cases, no, it is not legal. Under the H-1B program’s Labor Condition Application rules, employers are prohibited from requiring employees to pay H-1B filing fees as a condition of employment. This includes the I-129 base fee, the fraud prevention fee, the ACWIA training fee, the asylum program fee, and the Public Law 114-113 fee. The one exception is premium processing. If you, the employee, want premium processing for your own benefit, such as getting faster authorization to start the job, you may voluntarily pay the $2,965 fee. But the employer cannot make you pay it, and they cannot require it as a condition of the job offer. If an employer attempts to deduct these fees from your salary after hiring, even indirectly, that is a wage violation enforceable by the Department of Labor. The DHS wage-based H-1B enforcement initiatives in 2026 include greater scrutiny of LCA wage compliance, which encompasses improper fee-shifting from employer to employee.
New Minimum Wage In Canada and 5 Provinces, Effective April 1
