When you obtain your visa for the United States, it can be an incredibly exciting opportunity. However, this can quickly become overwhelming if you want or need to switch employers. Many are worried that this will invalidate their visa, and they will need to leave the country. If this reflects your circumstances, you’ll want to keep reading to learn more about your legal options and the importance of working with Fairfax County work visa lawyers to explore your options.
Is It Possible to Switch Jobs if I am on a Work Visa?
If you are on a work visa, you may be worried about whether you want to change employers or face a lay-off. However, it’s important to understand that you are eligible to switch employers in most instances.
Generally, you are able to “port” your visa or change employers while maintaining your visa holder status. This is because you are not required to reapply for a visa, as you already have a legally valid one. However, you will need to update certain documents to reflect the change in employer. Additionally, you should note that upon completion of the process, you can begin working for your new employer when the United States Citizenship and Immigration Services receives the petition filed by your new employer. You do not need to wait for the petition to be approved by USCIS to begin working.
In the event you are laid off or let go, you’ll generally be able to port your visa while you continue looking for employment. However, you will generally only have 60 days from the date of your termination to find a new employer.
What Are the Steps in This Process?
If you want or need to switch employers, the first step in the process is to find an employer that aligns with the original terms of your existing visa and secure an official job offer. You’ll need to ensure the offer has important information like your official title, start date, salary, and an overview of your responsibilities.
Once you have secured a new employer, the steps you need to take will differ based on your visa. Generally, if you are an H-1B visa holder, your new employer is required to file a Labor Condition Application with the Department of Labor. Additionally, they must file a petition on your behalf with USCIS.
Finally, once the LCA has been sent to and approved by USCIS, the employer can file a new form I-129, Petition for Nonimmigrant Worker.
The process of switching employers can be incredibly overwhelming, which is why it is in your best interest to connect with an experienced immigration attorney to guide you through this process. At Goel & Anderson, our team is committed to helping you navigate these complicated matters so you can fight for the best possible outcome for your unique circumstances. Contact us today to learn how we can fight for you.
