Are L-1 Visa Holders Allowed to Switch to a Different Job or Employer?

Are you considering changing jobs or employers while holding an L-1 visa? As a work visa holder, your lawful immigration status largely depends on your existing employer. However, numerous situations may prompt you to seek new employment opportunities. 

Since the L-1 visa is temporary and employer-specific, switching to a different job or employer is often challenging and highly restricted. This post examines the restrictions and considerations associated with changing jobs or employers on an L-1 visa. 

Understanding Employment Restrictions on an L-1 Visa

The L-1 visa is a nonimmigrant visa classification that permits a US employer to move employees from their affiliated overseas office to a US counterpart. Most companies file L-1 visas for employees at their existing US operations. Likewise, this nonimmigrant visa can establish a new base in the US by opening a new office.

You’re eligible for an L-1 visa if you have worked outside the US for a company that sponsored you for a minimum of one continuous year within the past three years. You must also be transferred to a US company as an executive, manager, or specialized knowledge worker. Notably, the ability of L-1 visa holders to work is strictly tied to the following: 

Employer

As an L-1 visa holder, you’re restricted to working for your sponsoring employer only. To do so, the US employer must provide proof of a qualifying relationship with the foreign entity. Such a relationship may involve a subsidiary, parent, affiliate, or branch office. It’s also imperative that they control or own a substantial portion of the US entity. 

Job role and location

You’re only authorized to work in the job role and location indicated in the L-1 visa petition. Suppose there’s a significant change to the job duties or role. You must file an amended petition with the US Citizenship and Immigration Services (USCIS). Any unauthorized change can jeopardize your L-1 status. 

How You Can Switch a Job or Employer on an L-1 Visa

Understanding the process and restrictions of switching a job or employer on an L-1 visa is essential to remain compliant with US immigration rules. Below, we’ll outline key paths that you must consider to make the transition. 

Switching job roles within the same employer

You can transition to a different role within the same employer who sponsored you. Still, doing so requires satisfying specific guidelines. For instance, the new role must continue to qualify under existing L-1 visa categories, either executive, managerial (L-1A), or specialized knowledge workers (L-1B). 

Suppose the changes in your job duties or work location are significant. Filing an amended L-1 petition with USCIS is also imperative before starting your new role. Failure to secure approval for such a transition could risk your immigration status. 

Switching jobs to another branch or affiliate

It’s also possible to change jobs to another branch or affiliate of your existing employer. However, the new entity must retain a qualifying relationship with your foreign employer under the L-1 category.  The approved L-1 petition must specify the new job location or entity. Otherwise, your employer is required to file and secure an amended petition approved by USCIS. 

Switching to work for a different employer 

Unlike other visa classifications, the L-1 visa doesn’t allow visa portability. This means you cannot simply notify USCIS and begin working for a new, unrelated US employer. Instead, you must wait for a new L-1 petition to be approved. Likewise, the new employer must meet all the criteria required to be eligible. 

How ALG Lawyers Can Give You Legal Assistance

Whether you’re experiencing a layoff, seeking new employment opportunities, or preparing for long-term US residence, the intricacies of L-1 visas can be a lot of work. The assistance of an experienced Los Angeles immigration lawyer is indispensable in this matter. 

Our team at ALG Lawyer is ready to offer you comprehensive support and personalized assistance for your immigration concerns. Start a one-on-one consultation with us today to ensure compliance with immigration laws and maintain your lawful status in the US. 

FAQs on Are L-1 Visa Holders Allowed to Switch to a Different Job or Employer?

The L-1 visa status is tied to your continued employment with the employer who sponsored you. This means you are only allowed to work for that sponsoring employer. You cannot engage in employment simultaneously for unrelated employers or work beyond the scope of that sponsorship while holding an L-1 visa. 

Whether it’s voluntary or involuntary, L-1 visa holders are entitled to a grace period of up to 60 days following the end of their termination. Typically, this period begins the day after your last day of employment, providing you with a window to take the following measures and preserve your immigration status: 

  • Find a new employer who is willing to sponsor your visa.
  • Submit an application to change your status.
  • Prepare to leave the US. 

The L-1 visa permits dual intent, allowing you to pursue a green card or permanent residency without jeopardizing your nonimmigrant status. Thus, instead of leaving the US by the permitted timeframe, you can remain in the country on your L-1 visa while simultaneously pursuing a green card. 

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)