What to Know Wednesday

Changing Employers While on a Work Visa—What You Must Know First

If you are working in the United States on a visa like the H-1B, L-1, or O-1, you might assume that switching jobs is as simple as accepting a new offer.  However, making an employment change without taking the proper immigration steps can jeopardize your status and future immigration benefits.

Here is what you need to know:

1.  Your Visa Is Tied to a Specific Employer

Most employment-based visas are “employer-specific,” meaning they are only valid while you are working for the company that sponsored your petition.  If you leave that employer without transferring or amending your visa, you may fall out of status—even if you remain in the U.S.

2.  H-1B Portability: What It Allows

H-1B visa holders may be eligible for portability, which allows them to begin working for a new employer once the new employer files an H-1B transfer petition.  However, you must not resign from your current job until the transfer petition has been properly filed with USCIS.

*Portability does not apply to every visa type—so it is critical to confirm your eligibility before making a move.*

3.  Other Visa Types Require Caution

If you are on an L-1 (intra-company transferee), O-1 (extraordinary ability), or other employment-based visa, changing employers is more complex.  These visas are not transferable and require a new petition or application.  In some cases, switching employers may not be an option without changing visa categories entirely.

4.  Gaps in Employment Can Trigger Status Problems

Even short gaps between jobs can result in a loss of status if not managed carefully.  You should ensure that your new employment is authorized by USCIS before stopping work with your current sponsor.  Falling out of status can affect your eligibility for extensions, green card processing, and future visa applications.

Plan Ahead to Avoid Disruption

Before accepting a new position, speak with an immigration attorney to review the immigration implications.  Proper timing and petitioning can ensure a smooth transition—and help protect your status, work authorization, and long-term goals.
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Need guidance on transferring your work visa or changing employers?  Contact Stommes Immigration at [email protected] for personalized support.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].