Chapter 5: Changing Employers

While you are in the United States on your O1 visa status, you are only allowed to work for the company that sponsored your O1 visa (unless you filed with an agent). If your O1 visa was filed through an agent, you have the flexibility to work for multiple employers as desired.

If you wish to work for a new employer, your new employer will need to file an O1 change of employer petition on your behalf. You will not be able to begin working for the new employer until the petition is approved. The content of the petition is identical to your initial petition, and the fees for premium processing will remain the same.

The lawyer fees are usually slightly discounted from your original submission if you’re using the same lawyer, as most of the material likely doesn’t need to change.

If you are terminated or if you voluntarily resign from employment with the company associated with an O1 visa status, it is the company's responsibility to notify USCIS of the change and withdraw the O1 status.

Q. Can I file a new O1 with new employer while im still working at my old employer?

Yes, it is possible to file a new O1 before quitting your current job. This is the recommended approach to avoid the need to leave the U.S. if your O1 is denied with the new employer.

Q. What happens if im fired or quit my current job?

If you're fired or you quit your current job, you will have a 60-day grace period (or until the length of your original O1 visa, whichever is sooner) after your termination or resignation to submit a new O1 petition. If you fail to file a new petition within this time frame, you will be required to leave the country at the end of the 60 days.

If you do file a new petition within this 60-day grace period, you are allowed to stay in the United States until your petition is no longer pending. There are alternative actions you can take instead of filing a new O1, which can be found here.

Please note that the 60-day countdown begins on the day following the termination of your employment, not when USCIS receives notice from your employer.

Q. I need more than 60 days to find a new job, what can I do?

If you require more than 60 days to find a new job and reapply for an O1 visa, you have the option to change your status to a B1 visa. This will grant you an extra 6 months to search for a different employer. If you are still present in the United States at the time of your O1 submission, you can apply for the O1 visa as a change of status.

More information about termination of employment can be found here.