Changing jobs while on a U.S. work visa can be a complex process, as your legal status is often tied to your current employer. However, there are circumstances where you might want or need to switch employers without jeopardizing your immigration status. This guide outlines the essential steps and considerations for making this transition smoothly.
Understand Your Work Visa Type
Before initiating a job change, it’s crucial to know the specifics of your visa type. Each work visa has distinct regulations regarding employer changes. For instance, if you hold an H-1B visa, your new employer must submit a new Form I-129 (Petition for Nonimmigrant Worker) on your behalf. Review your visa’s conditions carefully to determine if transferring employers is permissible.
What Is Portability?
Portability allows certain work visa holders to change employers without losing their existing visa status. For example, if you receive a job offer, your new employer can file a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). Once this application is approved, they can then submit Form I-129 to USCIS. If USCIS approves the petition, your visa will “port” to the new employer, enabling you to continue working without needing a new visa.
Steps to Switch Employers on a Work Visa
Secure a Job Offer
Begin by obtaining a formal job offer from your prospective employer. This offer should detail your job title, responsibilities, salary, and start date. Ensure that the new position aligns with the requirements of your current visa.
New Employer’s Role
Your new employer plays a vital role in this process. For H-1B visa holders, they must file a new LCA with the DOL and subsequently submit Form I-129 to USCIS. Accurate and timely submission of all necessary documents is crucial to avoid disruptions in your employment status.
Employer Files Petition
After receiving LCA approval, your new employer will file Form I-129 with USCIS, including all supporting documents related to your new position. USCIS will review the petition and issue an approval notice if everything is in order.
Additional Considerations When Switching Employers
Maintaining Legal Status
It’s essential to maintain lawful status during this transition. Any gap in employment or unauthorized work can jeopardize your visa status. You may continue working for your current employer until USCIS processes the new petition.
Informing Your Current Employer
While not legally required, it may be wise to inform your current employer about your job change, especially if they are involved in your immigration paperwork.
When Can You Start Your New Job?
You can begin working for your new employer as soon as USCIS receives the petition; you do not need to wait for approval.
International Travel During the Transition
If you plan on traveling internationally while switching jobs, consult an immigration lawyer first. Traveling during this period can complicate matters and may affect your re-entry into the U.S.
Navigating Layoffs
If you lose your job while on a work visa, you have a 60-day grace period to find a new employer and transfer your visa accordingly.
Special Considerations for H-1B Visa Holders
H-1B Visa Cap Exemption
One significant advantage of switching employers on an H-1B visa is that you are exempt from the annual H-1B lottery cap if you’ve already been selected previously.
Does Switching Employers Extend Your H-1B Expiration?
To change employers on a work visa does not automatically extend your H-1B visa expiration date. If your current visa is nearing expiration, you must go through the extension process with your new employer. Additionally, switching does not extend the maximum six-year stay allowed on an H-1B visa.
Are there any restrictions on changing employers for L-1 visa holders
L-1 visa holders face specific restrictions when it comes to changing employers. Here are the main considerations:
1. Tied to Sponsoring Employer
- Employer-Specific Visa: The L-1 visa is inherently tied to the employer that sponsored it, meaning you cannot simply change jobs without going through the proper channels.
2. Qualifying Corporate Relationship
- Related Companies: If you wish to change employers, it is possible to transfer to another company only if there is a qualifying relationship (such as a parent company, branch, affiliate, or subsidiary) between your current employer and the new employer. This means that your new employer must be related to your current employer in a way that meets USCIS requirements.
3. New L-1 Petition Required
- Filing a New Petition: To change employers, you must have a new L-1 petition approved by USCIS. Your new employer must file Form I-129 with the “L” supplement on your behalf. You cannot transfer your existing L-1 visa to a new employer; a new petition is necessary.
4. Unrelated Employers
- Limited Options: If the new employer is not related to your current employer, you can only change jobs if you have previously worked for a foreign branch or affiliate of the new company for at least one year within the last three years. This requirement limits options significantly for those looking to switch to unrelated companies.
5. Maintain Legal Status
- Compliance: It is crucial to maintain your legal status throughout this process. Ensure that all paperwork is filed correctly and promptly to avoid any gaps in employment authorization.
Are there any specific forms or documents needed for an L-1 visa transfer
To transfer your L-1 visa to a new employer, several specific forms and documents are required. Here’s a detailed checklist:
Required Forms
- Form I-129: This is the primary petition form filed by your new employer to request L-1 classification on your behalf.
- L Supplement: This supplemental form must be submitted along with Form I-129 to provide additional information specific to L-1 visa applicants.
- Form DS-160: After your I-129 petition is approved, you will need to complete this online visa application form for your visa interview.
Supporting Documents
For the Employer
- Company Documentation:
- Corporate bylaws and business licenses.
- Financial statements and tax returns for the last three years.
- Organizational chart showing the total number of employees and your position.
- A detailed letter from the employer confirming the job offer and job description.
- Evidence of the qualifying relationship between the foreign and U.S. companies (e.g., parent company, branch, affiliate).
For the Employee
- Personal Documentation:
- A valid passport with at least six months of validity beyond your intended stay.
- Current resume or CV.
- Recent photographs that meet U.S. visa photo requirements.
- Copies of any previous visas or immigration documents (e.g., prior I-20 or DS-2019 forms).
- Educational diplomas and transcripts, if applicable.
By understanding these steps and considerations, you can navigate changing employers while preserving your legal work visa status in the U.S. Always consult with an immigration attorney if you have specific questions or concerns about your situation.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a 0-1 Visa or a TN Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
