WORK AND JOBS · 4 MIN
Changing jobs on H-1B or another work visa
In short
H-1B portability, cap-exempt employers, the 60-day grace period after a layoff, and rules for L-1, O-1 and TN, as of November 2026.
On most US work visas, your permission to work is tied to one employer. Changing jobs is possible, but the order of steps matters.
H-1B: portability
Portability lets an H-1B worker start with a new employer once the new employer files the H-1B petition, before it is approved, if:
You were lawfully admitted to the US.
The new petition is filed before your current stay expires.
You have not worked without permission.
Steps:
1
Get a written offer. The new employer's attorney prepares the Form I-129 petition (and an approved Labor Condition Application).
2
Keep working at your current job until the petition is filed. Keep pay stubs for the last months; the attorney will ask.
3
Get the USCIS receipt notice. Then resign and start the new job.
4
If the new petition is denied, your permission to work for the new employer ends. Keep in touch with the attorney.
Your H-4 family follows your status. Their extension is usually filed with yours.
Cap-exempt and new fees
If you work at a university or some research nonprofits (cap-exempt), moving to a normal company may require the H-1B lottery.
In 2025 a $100,000 payment was added for some new H-1B petitions for workers outside the US. USCIS said it does not apply to a change of employer filed for a worker inside the US in valid status. The fee is also being challenged in court.
If your job ends first
You may have a grace period of up to 60 days (or until your I-94 ends, if sooner) to find a new employer, change status or leave. See Laid off on H-1B or out of OPT days: the 60-day and 90-day rules.
On September 11, 2026, DHS proposed a rule to remove this 60-day grace period. It is only a proposal: the grace period still applies today. If you are laid off, talk to an attorney in the first days, not the last.
Other work visas
L-1: tied to your company or its related companies. Moving to a different company usually needs a different visa, such as H-1B.
O-1: the new employer (or agent) files a new petition; generally wait for approval before you start.
TN: the new employer can file a petition with USCIS, or you can apply at the border with a new letter. Do not start until it is approved.
E-1, E-2, E-3: generally tied to a specific employer. Ask an attorney before you change.
Green card in process
If your employer filed a green card case, changing jobs can affect it. In some cases, people with a pending I-485 for more than 180 days can move to a same or similar job. Ask your attorney before you resign.
Common mistakes
Resigning before the new petition is filed.
Starting work on a TN, O-1 or L-1 before approval.
Taking a long gap between jobs on H-1B without checking the grace period.
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