header logo image for farmerlawpc

Blog

What Are the Rules for Changing My Job Under an H-1B Visa?

One of the more complicated aspects of being in the U.S. on an employment-based visa is the level of scrutiny and specificity it takes to be approved. Immigration law plays out according to a strict set of rules. Life, on the other hand, is not always so clear-cut. 

What is the H-1B visa category?

The H-1B visa program allows U.S. employers to fill certain specialty occupation positions with foreign nationals. Each year, the H-1B program has a numerical cap of 65,000 new visas, with an additional 20,000 petitions filed on behalf of beneficiaries with master’s degrees or higher from a U.S. institution of higher education who are exempt from the cap. 

Can you change jobs if you have an H-1B visa?

However, when an employee is already a visa holder under the H-1B program, they are not subject to the cap, which can benefit both the employer and the employee. Employers do not need to worry about the lottery process, which can make prospective employees more attractive and competitive in the labor market.

What can go wrong when changing jobs on an H-1B visa?

Because employees who are in the U.S. as a beneficiary of the H-1B program are already approved, they can immediately start working for the new employer once the petition is filed. The assumption is that it will be approved and, since they are not subject to the caps, they should have no problem remaining eligible.

Can you transfer from a J-1 visa to an H-1B visa?

Recent Posts

Farmer Law PC Ranked No. 60 on Inc.’s List of the Fastest Growing Companies in the Southwest Region

Farmer Law PC Ranked No. 60 on Inc.’s List of the Fastest Growing Companies in the Southwest Region

Maybe you met on a sightseeing trip, or perhaps in a semester-long study abroad program. A friend’s destination wedding. A…

The Benefits of Utilizing Work Visas in the Green Industry

The Benefits of Utilizing Work Visas in the Green Industry

Maybe you met on a sightseeing trip, or perhaps in a semester-long study abroad program. A friend’s destination wedding. A…

Press Release: Farmer Law Announces Two New Attorneys

Press Release: Farmer Law Announces Two New Attorneys

Press Release Press Release: Farmer Law Announces Two New Attorneys [post_date]By MK McNabb, Marketing Manager By MK McNabb, Marketing Manager…

How can Farmer Law help

    Get in touch with us

    Farmer Law PC needs the contact information you provide to us to contact you about our products and services. You may unsubscribe from these communications at any time. For information on how to unsubscribe, as well as our privacy practices and commitment to protecting your privacy, please review our Privacy Policy.

    Get in touch with us

    Solve Your Labor Problem

    The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.