Changing jobs is a significant decision under any circumstances. On a work visa, it carries legal implications that can affect your immigration status, your path to permanent residency, and your ability to remain in the United States. It is possible to change employers while on a work visa, but the process depends on your visa type, the timing, and whether you follow the correct legal steps.
At Kriezelman Burton & Associates, LLC, our immigration attorneys have been helping work visa holders through employer transitions since 1974. We can evaluate your situation and help you do the same.
The American Competitiveness in the Twenty-First Century Act (AC21) provides protection for workers who need to change employers while their green card application is pending. Under AC21’s portability provisions (INA 204(j)), you may “transfer” your approved Form I-140 petition to a new employer without losing your priority date, provided the following conditions are met:
This means that years of waiting for a visa number do not necessarily have to restart simply because you found a better job opportunity. However, the “same or similar” requirement is evaluated carefully by USCIS, which considers job duties, required skills, educational background, and Standard Occupational Classification (SOC) codes when making its determination.
If you hold an H-1B visa and receive a new job offer, your new employer must file an H-1B petition with USCIS before you begin work. There are a few important points to understand about the transfer process:
The H-1B transfer process requires careful coordination between you, your new employer, and an experienced immigration attorney.
One of the most common and consequential mistakes work visa holders make during an employer transition is allowing their lawful status to lapse even briefly. To protect your status during any employer change:
Even a short period of unauthorized employment can have serious consequences, including bars on future immigration benefits and complications in removal proceedings.
Switching employers on a work visa is more than an HR matter; it is a legal one. A misstep at any stage of the process can jeopardize your status, your pending applications, and your long-term goals in the United States.
The attorneys at Kriezelman Burton & Associates, LLC have decades of experience in employment-based immigration, H-1B visas, and more. We are committed to finding the best possible path forward for each of our clients. If you are ready to make your next career move in the U.S. with confidence, contact KB&A at 312-332-2550 or schedule a consultation with us online. We can review your situation, explain your legal options, and help you move forward.
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