Changing O-1 Visa Employment

Changes to O-1 Visa Employment

It is important to note that the O-1 visa approval given by USCIS is specific to the employer that filed the petition.  This means that the visa, when granted, only covers  the particular position for which the petition was filed.

What should I do if I have a new employer and I still hold a valid O-1 status visa?

An O-1 status holder cannot begin working for other employers if he or she only has O-1 authorization for employment with the original petitioning employer.   If an O-1 employee accepts additional employment from another U.S. employer while he or she is employed by the original petitioning employer, the new employer must file an O-1 petition with USCIS to request concurrent O-1 approval for him or her.   The situation is similar if the O-1 is leaving the original petitioning employer to work for another U.S. employer.  The new employer must submit an O-1 petition to USCIS requesting a change of employer.  For help in completing a new O visa petition, call or email our experienced Los Angeles immigration attorneys.  [LINK TO CONTACT JCS]

What if I have substantial changes to my current employment?

If substantial changes to your position occur, USCIS requires an amended petition.  Some examples of substantial employment changes include:

  • Changing from full-time to part-time or vice versa
  • Appointment to a position with a new title
  • Moving to or adding a new work site
  • Significant changes to duties

When should my employer submit amendment requests?

O-1 amendment requests should be submitted to USCIS no later than 45 days prior to the effective date of the changes.  Changes to O-1 employment cannot take place until USCIS approves an O-1 amendment petition.  If you would like assistance in amending your petition for O visa employment, please contact JCS Immigration and Visa Services.  We offer a free initial consultation!   [LINK TO CONTACT JCS]

What happens after USCIS approval of the new petition or amended petition?

Upon approval of the O-1 petition, your O-1 status will automatically continue.  There is nothing that you need to do at that point!  You do not need to leave the U.S. to apply for a new O-1 visa in order  to continue your  O-1 employment.  You may make the changes to your employment immediately on the start date of the O-1 approval notice.

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