CAN I TRANSFER MY O-1 VISA TO ANOTHER EMPLOYER?
If you’re working in the U.S. on an O-1 visa, you may be wondering whether you can switch employers without losing your immigration status. The ability to transfer your O-1 visa depends on the type of O-1 classification you hold.
O-1B Visa: Transferring to Another Employer
If you hold an O-1B visa, which applies to individuals in the arts, motion pictures, and television, transferring your visa to a new employer is possible only if your original application was itinerary-based and filed through an agent.
How Does an Itinerary-Based O-1B Work?
An itinerary-based O-1B petition is structured to allow a foreign artist or performer to work with multiple employers under a single visa. This setup is commonly used by:
What If My O-1B Was Filed by a Single Employer?
If your O-1B visa was petitioned by a single employer, you cannot transfer it. The new employer must file a new O-1 petition on your behalf.
O-1A Visa: No Transfers Allowed
For O-1A visa holders—those in sciences, education, business, or athletics—the visa is not transferable. Each O-1A is tied directly to the employer who filed the petition.
What Happens If You Change Employers?
If you wish to work for a new employer, they must file a new O-1A petition with USCIS before you can begin working. You cannot start employment with the new company until the petition is approved.
However, if you are working for multiple employers at the same time, each employer must file a separate O-1 petition on your behalf. Unlike the O-1B, an itinerary-based application is generally not an option for O-1A holders.
Key Takeaways: Can You Transfer an O-1 Visa?
Final Thoughts: What Should You Do If You Want to Switch Employers?
If you are an O-1B visa holder with an itinerary-based application, speak with your agent or petitioning sponsor to update your employment details.
If you are an O-1A visa holder or an O-1B without an agent-based petition, your best course of action is to have your new employer file a new O-1 petition as soon as possible to minimize gaps in employment.
- O-1B Visa Holders (Arts, Motion Pictures, and Television): In some cases, you may transfer your visa if your application was itinerary-based and filed through an agent.
- O-1A Visa Holders (Sciences, Education, Business, and Athletics): Unfortunately, you cannot transfer your visa to another employer. Instead, your new employer must file a new O-1 petition.
O-1B Visa: Transferring to Another Employer
If you hold an O-1B visa, which applies to individuals in the arts, motion pictures, and television, transferring your visa to a new employer is possible only if your original application was itinerary-based and filed through an agent.
How Does an Itinerary-Based O-1B Work?
An itinerary-based O-1B petition is structured to allow a foreign artist or performer to work with multiple employers under a single visa. This setup is commonly used by:
- Musicians on tour
- Actors working on multiple film or theater projects
- Artists with multiple commissioned works
What If My O-1B Was Filed by a Single Employer?
If your O-1B visa was petitioned by a single employer, you cannot transfer it. The new employer must file a new O-1 petition on your behalf.
O-1A Visa: No Transfers Allowed
For O-1A visa holders—those in sciences, education, business, or athletics—the visa is not transferable. Each O-1A is tied directly to the employer who filed the petition.
What Happens If You Change Employers?
If you wish to work for a new employer, they must file a new O-1A petition with USCIS before you can begin working. You cannot start employment with the new company until the petition is approved.
However, if you are working for multiple employers at the same time, each employer must file a separate O-1 petition on your behalf. Unlike the O-1B, an itinerary-based application is generally not an option for O-1A holders.
Key Takeaways: Can You Transfer an O-1 Visa?
- O-1B Visa Holders (Arts, Motion Pictures, and Television):
✅ Transfer possible only if your visa was itinerary-based and filed through an agent.
❌ If your O-1B was filed by a single employer, a new petition is required. - O-1A Visa Holders (Sciences, Education, Business, and Athletics):
❌ No transfers allowed.
🔄 Your new employer must file a new O-1A petition before you can start working.
Final Thoughts: What Should You Do If You Want to Switch Employers?
If you are an O-1B visa holder with an itinerary-based application, speak with your agent or petitioning sponsor to update your employment details.
If you are an O-1A visa holder or an O-1B without an agent-based petition, your best course of action is to have your new employer file a new O-1 petition as soon as possible to minimize gaps in employment.
MEET YOUR NEW ATTORNEY
Marcus Yi, Esq. provides personalized immigration law representation for both employment and family based immigration matters. An artist himself, Mr. Yi understands the unique nature of the arts industry, and is fully qualified to provide the best service for artists seeking to work in the United States.
He has represented corporations, non-profit organizations, and individuals, in the process of obtaining temporary visas for work, study and training, lawful permanent residence (a “green card”) and U.S. citizenship. He advises employers and individuals on all phases of immigration applications, from screening prospective hires to identifying visa strategies for new jobs and career transitions, through employment-based paths to permanent residence and naturalization.
Marcus Yi graduated from St John’s University School of Law, where he earned a Juris Doctorate degree in 2011. He is a member of the New York State Bar and is licensed to practice in State and Federal court. He is also a NYC member of the American Immigration Lawyers Association New York Chapter.
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Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are devoted to guiding you through US immigration law so contact us today to schedule a consultation.