Can You Change Employers on an O-1 Visa?

The O-1 visa, designed for individuals with extraordinary ability, offers flexibility for professionals seeking to work in the United States. One common question is whether you can change employers while on an O-1 visa. The answer is yes, but the process involves specific steps to ensure compliance with immigration regulations.

This article explains how you can change your employer on an O-1 visa and provides tips for successfully navigating the process.

Changing employers on an O-1 visa requires filing a new petition with USCIS. Here’s how the process works:

1. Secure a New Petitioner/Emloyer:
   You’ll need a new petitioner to file the O-1 visa petition on your behalf. This petitioner can be:
   • Your New Employer: The most straightforward option if you’re transitioning to a new job.
   • Your Own U.S. Company: If you’ve started a business in the U.S., your company can act as the petitioner. (this requires additional considerations)
   • A U.S. Agent: A U.S. citizen or company can act as your agent, especially if you’re engaging in multiple projects or freelance work.
2. File a New O-1 Petition:
   The new petitioner must file Form I-129 with USCIS for a change of employer. This petition should include evidence demonstrating:
   • Your continued work in your area of extraordinary ability.
   • The legitimacy of the job opportunity or business venture in the U.S.
3. Provide Supporting Evidence:
   Depending on your situation, include evidence such as:
   • Employment Contracts or offer letters with the new employer.
   • Business Plan, Client Contracts, or Letters of Intent if you’re petitioning through your own company.
   • Proof of ongoing work in your extraordinary field, such as awards, publications, or professional achievements.
4. Wait for Petition Approval:
   You must wait for USCIS approval of the new O-1 petition before beginning work with your new employer.

1. Work Within Your Field of Extraordinary Ability:
   The new work must align with your O-1 visa’s designation. For example, if your O-1 visa is for achievements in the arts, you cannot use it to work in an unrelated field such as finance or retail.
2. Demonstrate Genuine Work Opportunities:
   USCIS requires evidence of legitimate job opportunities. If your own company is the petitioner, this may include:
   • A comprehensive business plan.
   • Client contracts or letters of intent.
   • Proof of demand for your services in the U.S.
   • An itinerary of what you will do
3. Changing to Your Own Company:
   If you’re transitioning to self-employment or working for your own business, be prepared to demonstrate that your company is viable and your work continues to contribute to your field of extraordinary ability.

• Start Early: The petition process can take time, so plan ahead to avoid gaps in employment.
• Work with an Immigration Attorney: A legal professional can help you navigate the complexities of filing a new O-1 petition.
• Maintain Compliance: Ensure that your new role or business aligns with the terms of your O-1 visa.

Changing employers on an O-1 visa is possible, but it requires filing a new petition and demonstrating continued work in your extraordinary field. Whether you’re transitioning to a new employer, starting your own business, or working with a U.S. agent, careful preparation is key to a smooth process.

At Scott Legal, P.C., we specialize in O-1 visa applications and changes of employer. Contact us today to schedule a consultation and explore how we can help you achieve your professional goals in the U.S.