Moving to a new country can be an exciting yet challenging experience, especially when it comes to changing jobs. Many people wonder if changing jobs in the United States requires a change in visa status. In this article, we will discuss whether changing jobs in the US requires a change in visa status and what options are available to individuals who wish to do so.
Does Changing Jobs in the US Require a Change in Visa Status?
The answer to this question is not a simple yes or no. It depends on the type of visa an individual holds. If an individual is on a non-immigrant visa, such as an H-1B visa, they will need to apply for a new visa if they change employers. This is because the H-1B visa is tied to the employer, and if the individual changes employers, the visa is no longer valid.
On the other hand, if an individual has an employment-based immigrant visa, such as the EB-1 or EB-2 visa, they do not need to apply for a new visa if they change jobs. This is because employment-based immigrant visas are not tied to a specific employer. However, the individual may need to file a new Form I-140 with the USCIS if they change jobs before they receive their green card.
Options for Changing Jobs in the US
If an individual is on a non-immigrant visa, such as the H-1B visa, and wishes to change employers, they will need to apply for a new visa. The new employer will need to file a new H-1B petition on behalf of the individual. The good news is that the individual can begin working for the new employer as soon as the petition is filed with the USCIS.
If the individual is on an employment-based immigrant visa, such as the EB-1 or EB-2 visa, and wishes to change jobs, they do not need to apply for a new visa. However, they may need to file a new Form I-140 with the USCIS if they change jobs before they receive their green card. The new employer will need to file a new Form I-140 on behalf of the individual.
Conclusion
In conclusion, whether changing jobs in the US requires a change in visa status depends on the type of visa an individual holds. If an individual is on a non-immigrant visa, such as the H-1B visa, they will need to apply for a new visa if they change employers. On the other hand, if an individual has an employment-based immigrant visa, such as the EB-1 or EB-2 visa, they do not need to apply for a new visa if they change jobs. However, they may need to file a new Form I-140 with the USCIS if they change jobs before they receive their green card. It is important for individuals to understand their visa status and the options available to them if they wish to change jobs in the US.