WHAT HAPPENS IF YOU LOSE YOUR JOB ON AN O-1 VISA?
Losing your job while on an O-1 visa can be stressful, but what happens next depends on the type of O-1 visa you hold and whether your petition was itinerary-based with an agent or tied to a single employer.
If you find yourself facing job loss while on an O-1 visa, it’s crucial to understand your options, timelines, and legal obligations to maintain your status in the U.S. Here’s what you need to know.
O-1B Visa Holders with an Itinerary-Based Petition (Agent-Sponsored)
✅ You Can Find a New Job Without Notifying USCIS
If you hold an O-1B visa (for artists, entertainers, or performers) and your petition was itinerary-based and filed with an agent, you have the most flexibility.
O-1A & O-1B (Non-Itinerary-Based) Visa Holders
❌ You Have 60 Days to File a New Petition or Leave the U.S.
If you hold an O-1A visa (for scientists, educators, business professionals, or athletes) or an O-1B visa that was not itinerary-based (single employer sponsorship), your situation is different.
Options for O-1A and O-1B Holders After Losing Their Job:
What If You Work for Multiple Employers?
If you hold an O-1 visa that allows multiple employers, your visa remains valid as long as at least one of your approved jobs remains active.
However, if all of your projects with different employers fall through, you will be considered out of status and must take immediate action—either by filing a new petition with a new employer or leaving the U.S.
Key Takeaways: What to Do If You Lose Your Job on an O-1 Visa
If you find yourself facing job loss while on an O-1 visa, it’s crucial to understand your options, timelines, and legal obligations to maintain your status in the U.S. Here’s what you need to know.
O-1B Visa Holders with an Itinerary-Based Petition (Agent-Sponsored)
✅ You Can Find a New Job Without Notifying USCIS
If you hold an O-1B visa (for artists, entertainers, or performers) and your petition was itinerary-based and filed with an agent, you have the most flexibility.
- You do not need to notify USCIS when switching employers, as long as your new job aligns with the terms of your original itinerary-based petition.
- You can continue working in the U.S. as long as your agent remains your petitioner and your new employment fits within the scope of the original O-1B approval.
- This is common for musicians, actors, dancers, and other performing artists who frequently work on multiple projects.
O-1A & O-1B (Non-Itinerary-Based) Visa Holders
❌ You Have 60 Days to File a New Petition or Leave the U.S.
If you hold an O-1A visa (for scientists, educators, business professionals, or athletes) or an O-1B visa that was not itinerary-based (single employer sponsorship), your situation is different.
- Termination invalidates your existing O-1 visa status, as your visa is contingent on your specific employer or job.
- You have 60 days to file a new O-1 petition with a new employer.
- If a new petition is not filed within 60 days, you must leave the U.S. and return to your home country.
- If you overstay beyond 60 days without filing a new petition, you may risk violating U.S. immigration laws, which could impact future visa applications.
Options for O-1A and O-1B Holders After Losing Their Job:
- Find a new employer before your current employment ends and have them file a new O-1 petition to ensure continuous employment.
- File a Change of Status to another visa type, if eligible (e.g., B-2 tourist visa for temporary stay while seeking new employment).
- Leave the U.S. and return once a new O-1 petition is approved under a new employer.
What If You Work for Multiple Employers?
If you hold an O-1 visa that allows multiple employers, your visa remains valid as long as at least one of your approved jobs remains active.
However, if all of your projects with different employers fall through, you will be considered out of status and must take immediate action—either by filing a new petition with a new employer or leaving the U.S.
Key Takeaways: What to Do If You Lose Your Job on an O-1 Visa
- O-1B (Itinerary-Based, Agent-Sponsored): You do not need to notify USCIS and can start a new job without filing a new petition.
- O-1A & O-1B (Single Employer-Sponsored): You have 60 days to find a new employer and file a new O-1 petition, or you must leave the U.S.
- Athletes: You have 30 days to transition to a new team and file a new petition.
- Multiple Employers: Your O-1 visa remains valid as long as at least one of your approved jobs remains active.
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.