Portability

Portability is a provision of the INA intended to preserve the legal status of an H-1B worker who is already in the U.S. Portability allows the employed H-1B worker to enter into employment with a new employer provided that, the new employer has filed a nonfrivolous petition (I-129) for the employment of the H-1B worker before the date of expiration of the H-1B worker's authorized period of stay, and the new employer has submitted, along with its petition, an unexpired, approved LCA covering the same work that the individual is being hired to perform. The new employer may already hold an applicable LCA, or may have sought and received a new LCA in order to submit the petition.