If you are a foreign national holding an O1 visa and considering changing employers, you may have questions about the process. There are important steps and procedures to follow to ensure that you maintain compliance with US immigration laws. In this guide, we will cover the key aspects of changing employers while holding an O1 visa.

Key Takeaways

• Changing employers while holding an O1 visa is possible, but requires careful planning and execution.
• You must receive a new job offer and your new employer must file the necessary paperwork with USCIS to transfer your visa.
• You are not allowed to begin working for your new employer until your visa transfer has been approved by USCIS.
• If you do not follow the proper procedures, you risk being out of compliance with US immigration laws and potentially losing your visa status.

Overview of O1 Visa Transfer Process

To transfer your O1 visa to a new employer, several steps must be taken:

1. Receive a new job offer: Before you can change employers, you must first receive a job offer from your new employer.

2. File a petition with USCIS: Your new employer must file a petition with USCIS on your behalf to request the transfer of your O1 visa. This petition must include certain documentation such as a job offer letter, evidence of your qualifications, and evidence that you maintained your O1 visa status while working for your previous employer.

3. Wait for approval: USCIS will review the petition filed by your new employer and may request additional evidence before making a decision. If approved, USCIS will issue a new I-797 approval notice which lists your new employer and the dates of your O1 visa validity.

4. Begin working for your new employer: Once your visa transfer has been approved, you can begin working for your new employer on the date specified in your I-797 approval notice.

Potential Challenges and Risks

While changing employers while holding an O1 visa is possible, there are potential challenges and risks that you should be aware of:

• Timing: The O1 visa transfer process can take several months, so it’s important to plan ahead and make sure that you will not be out of work for an extended period of time.

• Losing O1 status: If you do not follow the proper procedures or do not maintain your O1 visa status while working for your previous employer, you may be at risk of losing your visa status altogether.

• Dependents: If you have dependents (spouse and/or children) that are also on O3 visas, their visas will also need to be transferred to your new employer.

• Travel: If you travel outside of the US during the visa transfer process, it may potentially impact the processing time or approval of your transfer petition.

Conclusion

Changing employers while holding an O1 visa is possible, but it requires careful planning and execution. It’s important to make sure that you receive a new job offer, and that your new employer files the necessary paperwork with USCIS to transfer your visa. Make sure to follow the proper procedures and maintain your visa status throughout the process to avoid any potential issues or complications.

FAQs

Can I change employers without leaving the US?

Yes, it is possible to change employers while remaining in the US. However, you must follow the proper procedures and file a petition with USCIS to transfer your visa.

How long does the O1 visa transfer process take?

The O1 visa transfer process may take several months, so it’s important to plan ahead and make sure that you will not be out of work for an extended period of time.

Can I begin working for my new employer before my visa transfer is approved?

No, you are not allowed to begin working for your new employer until your visa transfer has been approved by USCIS.

What happens to my old employer after the transfer is approved?

Your old employer is no longer responsible for your visa status after the transfer has been approved. Your new employer will become your visa sponsor and will be responsible for maintaining your visa status going forward.