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Can you switch employers under an H-1B visa?

On Behalf of | Jun 27, 2024 | immigration |

An H-1B visa allows you to work in the United States in specialty occupations that require certain expertise. You must be sponsored by a U.S.-based employer to obtain this visa. This typically involves them providing the necessary documentation and assurance to the immigration authorities that you meet the visa requirements and will have adequate support while in the country.

But, does it mean you must exclusively work for that employer who sponsored your visa once you arrive in the country? Fortunately, you don’t have to. The H-1B visa does not tie you to one employer. You may switch employers, and it helps to understand how things work for a smooth transition.

The process explained

First, your new job must qualify as a specialty occupation to switch employers. The potential employer must then submit a Labor Condition Application (LCA) to the Department of Labor outlining the pay rate, employment period and work location. 

Once the LCA is approved, they must file a fresh H-1B petition with the United States Citizenship and Immigration Services (USCIS). It’s worth noting that you do not have to wait until the petition’s approval to switch employers. You may begin working with your new employer when the USCIS receives the petition.

Remember, your current employer must inform USCIS when you leave the job, which ends their obligations under the H-1B petition. As such, your H-1B status depends on the approval of the fresh petition filed by your new employer. If it’s denied, you must stop working for them immediately.

Seeking qualified assistance when switching jobs or employers under an employment visa can help you navigate the process more efficiently, mitigate the risks and maintain legal status while protecting your interests.