Can I Change Employers While on a Work Visa?

You are likely abundantly grateful that you were granted an H-1B visa to work in the United States in the first place. So, with this, you likely do not want to do anything that might jeopardize this opportunity. This may entail hesitation when switching employers. Continue reading to learn the possibility of changing employers while on a United States work visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you navigate these conditions.

Can I legally change employers while on a United States work visa?

The short answer is, yes, you may be able to legally change employers while on an H-1B visa. However, this is easier said than done, as this may require you to start the visa application process all over again. This is because your current H-1B visa may be sponsored by your current employer. So, you may need to first find a new job and thereafter a new employer who may agree to serve as your sponsor. Without further ado, the specific protocol that you and your new, future employer must abide by reads as follows:

  1. Your new, future employer must submit the Labor Conditions Approval (LCA) to the United States Citizenship and Immigration Services (USCIS). This document should outline the conditions of the job position and how your specialized knowledge is required to fill it.
  2. Once the LCA is approved, your new, future employer must submit Form I-129. This document should be supplemented with relevant evidence and fees.
  3. Once Form I-129 is approved, you may switch over to your new job. Of note, you may be able to begin working in this job position while you wait for approval.

Rest assured, this transfer process may still be easier than your initial application process, as you are already in the United States.

What should I know about this visa transfer process?

It is worth mentioning that your H-1B visa transfer process may take anywhere from 4 weeks to 8 weeks from the date on which your new, future employer submits the LCA to the USCIS. You may be able to expedite this processing timeline by paying an additional fee, though.

What’s more, it may be worth asking your new, future employer to include the company’s marketing material and financial statements alongside Form I-129. This is not to mention a proper, accurate job description of the specialized position you intend to fill. You may also be able to contribute to this evidence by providing your resume and your university degree that proves your specialized knowledge.

In the end, the first step you must take to start this visa transfer process is to retain the services of a skilled Milwaukee, WI work authorization permit lawyer. So call us at Sesini Law Group, S.C. today.

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