People in a variety of careers may qualify for employment visas. Highly skilled and educated workers are among those who may qualify to enter the United States for a job opportunity.
Employment visas typically relate to a specific position with a particular company. They last for a set amount of time and are eligible for a specific number of renewals. Immigrants living and working in the U.S. with employment visas often feel as though they have no career mobility.
However, it may be possible for those with employment visas to change jobs while living in the U.S. without endangering their lawful status. How can workers protect their status while advancing their careers by changing jobs?
New employers must submit petitions
A work visa does not automatically transfer to a new company when a person accepts a job offer. Their prospective new employer must meet several key legal standards. They may need to secure a labor certification.
The company also needs to pay a fee and submit a petition to the U.S. Citizenship and Immigration Services (USCIS). Once the USCIS reviews and approves that petition, the employee can then transition to a new visa related to their new employment opportunity.
Accepting a new job or negotiating with a new employer while relying on a work visa for lawful status can be an intimidating process. People can benefit from working with an attorney to manage the paperwork and ensure their continued compliance with all immigration statutes.
Getting experienced legal guidance before submitting notice to an employer or paperwork to the USCIS can help those with employment visas advance their careers without endangering their lawful status in the United States.