If you’re working in the United States on an H-1B visa and are thinking about switching jobs, you’re not alone. It’s common for skilled foreign workers to change jobs. In fact, United States Customs and Immigration Services data (cited by the CATO Institute) shows that H-1B workers are leaving their initial employers more than ever.
The good news is that, yes, you can change employers while on an H-1B visa. However, there are some important rules and processes you’ll need to follow to protect your legal status and future immigration options. Here’s what you need to know.
Switching Employers on an H-1B Visa Is Called “H-1B Portability”
The ability to switch employers on an H-1B visa is often referred to as H-1B portability (or sometimes an H-1B transfer).
H-1B visas fall under U.S. employment-based immigration law. For example, say you’re currently working for an employer on a valid H-1B visa. You’re allowed to begin working for a new employer as soon as they file a new H-1B visa petition on your behalf. You don’t need to wait for the petition to be approved to start your new job.
The law was written this way for two reasons: First, to let H-1B workers change to different jobs without the risk of being “out of status.” Second, to make sure that companies that need skilled workers can hire them as soon as possible.
Key Requirements for Changing Employers
While changing employers is possible, there are a few conditions you must meet. These conditions include:
- You must already have a valid H-1B visa.
- Your new employer must file a timely and non-frivolous H-1B petition with USCIS that includes a valid Labor Condition Application.
- You must not have engaged in unauthorized employment or violated the terms of your visa.
What Happens to Your Original H-1B Visa if You Switch Jobs?
When your new employer’s petition is approved, your H-1B status continues seamlessly with your new employer. You don’t need to go through the H-1B lottery again. Instead, your initial selection still counts, as long as you haven’t hit your six-year limit.
Common Risks and Pitfalls
Of course, there are always risks that come with switching employers. What if it’s not a good fit? What if the new job doesn’t move your career forward in a meaningful way? But when you have H-1B status, switching employers comes with even more risks. For example:
- If your new petition is denied and you have already left your old job, you could be left without legal status.
- If your new employer doesn’t file the petition in a timely manner and you’ve already left your old employer, your status could be affected.
- If you lose your employment and there are gaps in your employment that are greater than a 60-day grace period, your status could be affected.
Need H-1B Advice? Contact an Immigration Lawyer.
Changing jobs on an H-1B visa is possible, but it does come with risks. If you’re considering it, talk with an experienced immigration attorney. Get the help you need to make sure the transition goes smoothly. To get started, contact Mark E. Jacobs or call 972-445-7577.
