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Changing Employers on an O-1: What USCIS Says
To change employers on an O-1 inside the U.S., the new employer or agent files a new Form I-129 to authorize the new employment. Your previous employer must tell USCIS when it no longer employs you, and the old approval can be revoked.
Last reviewed against the USCIS Policy Manual on
The new employer files
“If an O nonimmigrant in the United States seeks to change employers, the new employer or agent must file a Petition for a Nonimmigrant Worker (Form I-129) to authorize the new employment and, if applicable, request to extend the beneficiary’s stay.”
Our sources do not describe starting work for a new employer while its petition is pending. Read the passage above as written and ask an immigration attorney about your timing.
If an agent filed your petition
“If an agent filed the petition, the agent must file an amended petition with evidence relating to the new employer.”
Working for more than one employer
“An O-1 or O-2 beneficiary may work for more than one employer at the same time. When the beneficiary works for more than one employer, each employer must properly file a separate petition along with the required documentation and fees unless an established agent files the petition.”
What happens with the old petition
“A petitioner must immediately notify USCIS of any changes in the terms and conditions of employment of a beneficiary that may affect eligibility under INA 101(a)(15)(O) and 8 CFR 214.2(o).”
“The beneficiary is no longer employed by the petitioner in the capacity specified in the petition …”
That line is one of the grounds the Policy Manual lists for revoking an approved petition.
O-2 support staff
“An O-2 beneficiary may change employers only in conjunction with a change of employers by the principal O-1 beneficiary.”
Frequently asked questions
- Does my new employer need its own O-1 petition?
- Yes. The Policy Manual says the new employer or agent must file a Form I-129 to authorize the new employment.
- Can I work for two employers on an O-1?
- The Policy Manual says an O-1 beneficiary may work for more than one employer at the same time, with a separate petition from each employer unless an established agent files the petition.
- What happens to my old O-1 approval?
- Your previous employer must notify USCIS of changes, and the Policy Manual lists no longer being employed in the capacity specified in the petition as a ground for revocation.
Related
Quotes are word for word from the USCIS Policy Manual, Volume 2, Part M. Practitioner tips are common practice, not USCIS rules. For informational purposes only, not legal advice.