Many foreign professionals come to the United States on employment visas with plans to grow their careers. As new opportunities arise, one common question is whether they can change employers without losing their legal status.
Most U.S. employment visas are employer-specific. This means that your authorization to work may be connected to the company that sponsored your visa. Before accepting a new position, it is important to understand the rules that apply to your visa category.
Does an employment visa let you change employers?
In many cases, changing jobs is possible, but your new employer must usually file the appropriate paperwork with the U.S. Citizenship and Immigration Services (USCIS). For example, workers with an H-1B visa may qualify for “H-1B portability.” This allows them to begin working for a new employer after a qualifying petition has been filed, rather than waiting for final approval, provided they meet the legal requirements.
Other visa categories have stricter rules. For example, L-1 intracompany transferee visas limit employment to the sponsoring company and its qualifying affiliates, so switching to an unrelated employer is not permitted without obtaining a different work authorization.
What should you do before changing jobs?
Before accepting a new position, take these important steps:
- Review your visa category to determine whether changing employers is allowed.
- Confirm that your new employer will complete the required USCIS filings before you begin working.
- Do not resign too early if your current immigration status depends on your existing employer.
- Keep copies of your immigration records, approval notices and employment documents in case USCIS requests additional information.
Changing jobs can be a positive career move, but following the correct immigration process is essential. If you are unsure about your eligibility to switch employers, speaking with an experienced legal team before making the transition can help to protect your work authorization and your ability to remain in the United States legally.