How to Switch Jobs While on a US Visa

This article was last updated and fact checked on October 23, 2024 by Mani Karthik.

So, you’re thinking about making a career move while on a US visa?

Maybe you’re on an H-1B and found a new opportunity, or perhaps you’re considering switching employers for better prospects.

Whatever the case, the process isn’t exactly a simple “apply and switch” deal. But don’t worry—I’ve got your back.

Switching jobs while on a US visa requires you to follow some specific rules to make sure you stay compliant with US immigration laws.

Here’s what you need to know before making the jump.

Understanding the Visa You’re On

First things first, the process of switching jobs depends on the type of visa you have.

If you’re on an H-1B visa or L-1 visa, you’ve got some flexibility. However, other visa types, like F-1 student visas, have strict guidelines and may require special approvals.

In this guide, we’ll mainly focus on the H-1B visa, since it’s the most common work visa for foreign nationals in the U.S.

But if you’re on a different visa, the process can be a bit more complicated, and you’ll want to consult with an immigration lawyer to understand your options.

Tip: Always check your specific visa type’s requirements before making any employment changes.

Step 1: Find a New Employer Willing to Sponsor Your Visa

Here’s the thing—you can’t just switch jobs like a U.S. citizen would.

You need to find a new employer who is willing to sponsor your visa, meaning they are ready to file a new H-1B petition for you.

The new employer must meet the same requirements as your current employer did when they first sponsored your H-1B visa.

That means they must prove that you’ll be working in a specialized field and that they’ll pay you the prevailing wage for your role.

Once you get a job offer from a new employer, they’ll need to file a Labor Condition Application (LCA) with the U.S. Department of Labor and then submit a Form I-129 (the Petition for a Nonimmigrant Worker) to USCIS on your behalf.

Step 2: Wait for the H-1B Transfer to be Filed

Here’s where things get interesting: You don’t need to wait for USCIS to fully approve your new H-1B petition before you start working for your new employer.

As long as USCIS has received your new petition and issued a receipt notice, you’re legally allowed to start working for the new employer.

That’s right, the moment you get that receipt notice, you’re good to go.

But, and this is a big but—you’ll still want to make sure the petition is eventually approved.

If it’s denied for any reason, you’ll need to stop working immediately, which can throw a wrench into your plans.

Tip: Always keep a copy of the USCIS receipt notice for your records—this is your proof that you’re allowed to work during the transfer process.

Step 3: Continue Working for Your Current Employer (Optional)

One option you have is to keep working for your current employer while your new H-1B petition is being processed.

This can be a great way to ensure you’re not left without a job in case something goes wrong with the new petition.

You’re allowed to work for your old employer right up until the day you officially start working for the new one.

Just be sure to maintain open communication with both parties so that everything goes smoothly.

Step 4: Handle the Transfer Grace Period (If Necessary)

What if you’ve already left your job and are in the process of finding a new one? Fortunately, the U.S. offers a 60-day grace period for H-1B holders who are between jobs.

During this time, you can stay in the U.S. and look for a new employer without violating your visa status. Just remember, the grace period is exactly 60 days, not a day more.

So if you’re still unemployed after those 60 days, your status will be at risk, and you might have to leave the U.S.

Tip: Plan ahead so you don’t cut it too close with the 60-day grace period. Time is of the essence here.

Step 5: Final Approval and I-797 Notice

Once USCIS approves your new H-1B petition, you’ll receive an I-797 approval notice, which officially confirms your transfer.

This is the green light that your visa transfer is fully completed, and you can continue working with your new employer without any issues.

If your I-797 notice also contains an I-94 form, you’re in luck. This means your stay in the U.S. has been extended automatically.

However, if your I-94 isn’t included, you might need to leave the U.S., get a new visa stamp, and re-enter the country.

What If You’re on Another Visa?

If you’re not on an H-1B visa, switching jobs can be more complicated.

For example, if you’re on an L-1 visa, your new job would need to be within the same company as your previous job.

If you’re on a TN visa (for professionals from Canada or Mexico), you’ll need to ensure your new job still falls under the allowed occupations for TN visas.

For other visa types like the F-1 (OPT), J-1, or O-1, the process can vary.

In these cases, it’s best to consult with an immigration lawyer to avoid any status violations.

Final Thoughts

Switching jobs while on a U.S. visa isn’t impossible, but it does come with some red tape.

Make sure to follow the correct procedures to keep your visa status intact and avoid any hiccups along the way.

Stay in communication with both your current and new employers, file the necessary paperwork, and keep that USCIS receipt notice handy.

With a little planning, you can smoothly make your next career move without jeopardizing your stay in the U.S.