Can You Switch Employers on a Work Visa?

Published: February 20, 2025

Numerous foreign nationals seek employment opportunities in the US. You can secure permanent residency in the country or work on a temporary visa. Employer sponsorship is a common pathway for nonimmigrants to work temporarily in the US. 

Whether pursuing temporary or permanent employment, your prospective employer must file a petition on your behalf with the US Citizenship and Immigration Services (USCIS). However, unlike green cards, work visas are subject to specific restrictions. 

A prevalent concern among foreign workers in the US is whether they can switch employers while holding a work visa. Although possible, understanding the process and conditions is crucial to keep your immigration status valid and compliant with US immigration laws. 

Know the Specifics of Your Work Visa

The details of your employment and your relationship with your sponsoring employer will vary based on the type of visa you possess. It’s crucial to remember that changing employers may not be permissible for all work visa categories. 

For instance, the H-1B visa gives you more flexibility when switching employers than other employment-based visas that are typically subject to stricter conditions. One example is L-1 visas, which often require holders to stay in the same multinational company unless they file another L-1 petition for a new job. 

To prevent unnecessary legal complications, you must check that your visa category permits a change of employer and whether you qualify for the criteria established by the USCIS. Likewise, ensure to verify if there are any particular restrictions when switching employers.

Understand the Portability Rule

Under the American Competitiveness in the Twenty-First Century Act (AC21), foreign workers, specifically those on an H-1B visa, can transition to a different job without facing the risk of being out of status. This portability rule simplifies the process of switching jobs. Instead of applying for an entirely new employment-based visa, you can retain your current visa with a new sponsoring employer. 

You can take advantage of the H-1B portability, making it easier for you to change jobs and work for different employers. However, be mindful of the potential risks at play. USCIS may deny the petition, causing the new employer to terminate your employment authorization immediately. 

Key Steps to Switch Employers on a Work Visa

Changing employers on a work visa requires thoughtful consideration. Each visa category has its corresponding established rules that govern how you can switch employers on an employment-based visa. Below are key steps you can start with to facilitate a smooth transition and ensure adherence to immigration laws.

Obtain a job offer

A formal job offer from your potential employer is imperative before initiating the transition. Typically, it outlines the employment terms, start date, your responsibilities, and the salary. The new job must also match the specific requirements and limitations of your existing visa. For instance, the H-1B visa category requires the new position to qualify as a specialty occupation. 

Involve your new employer

The role of your new employer in navigating the transition process is significant. Once you obtain a job offer, the prospective employer must be willing to sponsor you for the employment-based visa. 

Request your employer to submit a new petition

After preparing the required documents for your employment offer, the employer must file a new petition and adhere to the wage requirements. 

Specifically, they must submit a new Labor Condition Application (LCA) on your behalf. 

Your salary must meet or exceed the wage level established by the Department of Labor (DOL) for similar jobs in the area. 

Once the DOL approves the LCA, your new employer can file a new petition to proceed with the process. Your existing work visa will transferred to your new sponsoring employer once the USCIS approves the petition. 

More Considerations to Note

The process of changing employers on an employment-based visa involves more than acquiring a new job offer and filing a petition. The following considerations can significantly affect the transition process and your immigration status as well: 

Preserving lawful status

Preserving lawful status is vital throughout the transition period. Ensure there’s no unauthorized work or employment gap that can negatively impact your immigration status. Otherwise, it can lead to serious consequences, such as the termination of your visa. In most cases, you must keep working with your current employer until USCIS receives the new petition. 

Obligations to current employer

Legally, you’re not required to inform your current employer of your intention to transfer your visa. But it’s always in your best interest to look through your existing employment contract to ensure that there are no clauses that might restrict you from leaving. Staying on good terms with your current employer can help you get references in the future. 

International travel

Suppose you intend to travel internationally during the transition. Seek consultation with an immigration lawyer to understand how your travel plans can impact your pending petition. Traveling outside the US can complicate the process as reentry to the country may require visa approval. 

Ensure a Successful Transition With ALG Lawyers

Depending on your circumstances, different legal pathways exist to change jobs or employers on an employment-based visa. However, the process can involve several intricacies, and handling it on your own can result in significant mistakes that can jeopardize your immigration status 

Adhering to the requirements of your specific work visa is paramount to ensure compliance and a successful transition. Our knowledgeable team at ALG Lawyers is ready to give you personalized guidance and support with your immigration concerns. Consult us now to learn how we can assist you.