CAN YOU CHANGE COMPANIES ON AN O-1 VISA?
The O-1 visa is a work visa designed for individuals with extraordinary ability in their field, allowing them to work in the United States. However, since the O-1 visa is tied to specific employment, many visa holders wonder whether they can switch companies without affecting their immigration status.
The answer depends on the type of O-1 visa you hold. While some O-1 visa holders can change employers freely, others must file a new petition with USCIS before starting a new job.
Changing Companies on an O-1B Visa
If you have an O-1B visa (for professionals in the arts, entertainment, or film and television industry) and your petition was filed through an agent or itinerary-based application, you can change employers without notifying USCIS.
This flexibility allows artists, musicians, performers, and other creatives to work with multiple companies as long as their employment falls within the scope of their approved itinerary or agent sponsorship.
What If You Get a New Job Outside Your Itinerary?
If your new job significantly differs from what was originally approved in your petition, you may need to file a new O-1B petition to reflect the change. Consulting with an immigration attorney can help determine whether a new petition is necessary.
Changing Companies on an O-1A Visa
If you have an O-1A visa (for individuals in science, education, business, or athletics), the process of changing employers is more restrictive. Unlike O-1B visa holders, O-1A visa holders must file a new O-1 petition before they can legally start working for a different company.
Steps to Change Employers on an O-1A Visa
What Happens If You Start a New Job Without Filing a Petition?
If you switch companies without updating your O-1A visa status, you may be considered out of status, which could lead to visa revocation, denial of future applications, or immigration complications.
For O-1B holders with an agent-based petition, working for a new employer within the scope of their approved itinerary is allowed, but any major job change may require an updated petition.
Final Thoughts
Whether you can change companies on an O-1 visa depends on your visa type:
If you are unsure whether your job change requires a new application, consulting with an immigration attorney can help you stay compliant with visa regulations and avoid legal issues.
Need assistance with your O-1 visa transfer? Contact us today for expert legal guidance!
The answer depends on the type of O-1 visa you hold. While some O-1 visa holders can change employers freely, others must file a new petition with USCIS before starting a new job.
Changing Companies on an O-1B Visa
If you have an O-1B visa (for professionals in the arts, entertainment, or film and television industry) and your petition was filed through an agent or itinerary-based application, you can change employers without notifying USCIS.
This flexibility allows artists, musicians, performers, and other creatives to work with multiple companies as long as their employment falls within the scope of their approved itinerary or agent sponsorship.
What If You Get a New Job Outside Your Itinerary?
If your new job significantly differs from what was originally approved in your petition, you may need to file a new O-1B petition to reflect the change. Consulting with an immigration attorney can help determine whether a new petition is necessary.
Changing Companies on an O-1A Visa
If you have an O-1A visa (for individuals in science, education, business, or athletics), the process of changing employers is more restrictive. Unlike O-1B visa holders, O-1A visa holders must file a new O-1 petition before they can legally start working for a different company.
Steps to Change Employers on an O-1A Visa
- New Employer Files a New Petition – Your new employer must submit a Form I-129 (Petition for Nonimmigrant Worker) to USCIS.
- Wait for Approval – You cannot begin working for your new employer until USCIS approves the petition.
- Premium Processing Option – If time is an issue, your employer can pay for premium processing, which guarantees a USCIS response within 15 calendar days.
What Happens If You Start a New Job Without Filing a Petition?
If you switch companies without updating your O-1A visa status, you may be considered out of status, which could lead to visa revocation, denial of future applications, or immigration complications.
For O-1B holders with an agent-based petition, working for a new employer within the scope of their approved itinerary is allowed, but any major job change may require an updated petition.
Final Thoughts
Whether you can change companies on an O-1 visa depends on your visa type:
- O-1B visa holders with agent or itinerary-based sponsorship can switch employers freely without notifying USCIS.
- O-1A visa holders must file a new petition with USCIS before changing jobs.
If you are unsure whether your job change requires a new application, consulting with an immigration attorney can help you stay compliant with visa regulations and avoid legal issues.
Need assistance with your O-1 visa transfer? Contact us today for expert legal guidance!
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.