Many immigrants come to the United States on a non-immigrant work visa that allows them to live and work in the U.S. while they pursue other long-term immigration pathways. But it isn’t uncommon for circumstances to change, which may result in you needing to change your employer if you have an L-1 visa. Although this may seem simple on the surface, changing employers when you’re using a work visa can come with complications since your employer is also your sponsor. So, keep reading to find out if you can change your employer with an L-1 visa and what happens to your status in the U.S. when your employment ends.
Understanding L-1 Visa Status
The L-1 visa is a non-immigrant U.S. work visa designed to allow multinational companies to transfer foreign employees to the U.S. This makes it a slightly unique type of work visa since companies use it to transfer employees between their foreign and U.S.-based offices.
You should also keep in mind that there are different types of L-1 visas, including the L-1A and the L-1B visa. These visas are meant for different types of workers, have different requirements, and allow the foreign worker to remain in the U.S. for different amounts of time.
Can You Transfer an L-1 Visa to an Unrelated Employer?
A common concern foreign workers have when they are on an L-1 visa is if they can change their employer. And the simple answer is no. As a rule, L-1 visa holders cannot directly transfer their visa to a different U.S. company.
Although you cannot directly change your employer on an L-1 visa, the USCIS does allow L-1 visa holders to move to a related company. For this to work, the company must have the same corporate structure and have a qualifying connection to your current employer. For example, the new company you move to usually needs to be a parent, subsidiary, branch, or affiliate of your original sponsoring employer.
In addition to this restriction, the new company will need to file a new petition via form I-129. And if the new petition is approved, only then can you officially begin working at the new company while maintaining your L-1 visa status.
What Happens to Your Status When L-1 Employment Ends?
When you come to the United States on an L-1 Visa, it’s crucial that you understand the terms of this visa and when your status will come to an end. Like all employment-based visas, your legal status ends when your employment comes to an end. This applies whether the duration of your stay in the U.S. expires, you’re terminated, or you resign.
The good news is that you can continue to legally stay in the U.S. for 60 days or until the expiration date of your form I-94. After that, if you haven’t left the U.S. yet, you risk unlawful presence.
That is why it is so important that you work with an immigration attorney to create a long-term immigration strategy that allows you to remain in the United States even when your original employment comes to an end.
Immigration Options When Changing Employers
Although it isn’t possible to directly transfer your L-1 visa status from your current employer to an entirely new one, you do have other options. Here is a breakdown of other immigration options you can pursue if you still wish to change employers:
- Change to H-1B status: The most obvious option is to change your visa status by applying for a different work visa. The most popular option for this is the H-1B visa, which is a temporary and non-immigrant work visa that allows an American employer to sponsor a foreign worker in a specialized field. Keep in mind that you must meet all of the immigration requirements for the H-1B visa and you will need to find an employer to sponsor you.
- Change to O-1 status: Another type of temporary work visa you could change to is the O-1 visa. Unlike H-1B visas, there is no annual cap, which could improve your chances of approval. However, this visa is specifically designed for individuals who have extraordinary ability or significant achievements in their field.
- The green card exception: If you started a green card application when you came to the U.S. on an L-1 visa, you may qualify for the green card exception. This applies if you have had a green card application pending for more than 180 days and you have already received an approved Employment Authorization Document, allowing you to find different employment.
Keep in mind that the USCIS provides many different employment-based visa options that you may also qualify for. For instance, Canadian and Mexican citizens may qualify for a TN USMCA visa or priority workers may qualify for an EB-1 visa, otherwise known as a permanent employment visa.
When you work with an L-1 visa attorney, they can help you better understand what your immigration options are depending on your specific circumstances and qualifications.
Hire an Immigration Attorney Today
Are you worried about the L-1 visa employment rules and how they impact your employment options in the U.S.? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with one of our immigration attorneys about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can I transfer my L-1 visa to another company?
Not directly. You can only transfer an L-1 visa to a related company, such as a parent company or a subsidiary of your original employer. And even then, the company will need to file a new petition for you.
Can I change from L-1 to H-1B?
In most cases, yes. However, you will need to meet the qualifications for an H-1B visa, and you will need a qualifying employer to sponsor you.
What happens if I quit my L-1 job?
Your L-1 visa status will end, and when the 60 day grace period is up, you will risk unlawful presence if you haven’t already left the U.S.
