Atlanta’s Best Immigration Attorneys

Atlanta’s Best Immigration Attorneys

Switching employment while applying for a visa

On Behalf of | Nov 25, 2019 | Visas

Many people and their families migrate to the United States for a better life for themselves and their loved ones. However, certain barriers may prevent some people from achieving their dreams. 

Securing and maintaining a visa is critical for non-citizens liven in America. For those who are undergoing the process and are considering switching jobs, there are a few things to be aware of. 

Work visas 

There are a few different visa types, and work visas allow for immigration for employment. In most cases, an employer desires to hire an immigrant party and provides an agreement to hire the party full-time upon receipt of visa approval. The employer then applies for the work visa for the immigrant party. Considering this, switching employment during the process is not ideal; however, it is still possible. 


The guidelines in the American Competitiveness of the Twenty-First Century Act details the right of employers to employ immigrant workers, as well as the immigrant worker’s ability to seek certain job opportunities. In regards to the immigrant worker’s opportunities, it is important to note that this applies to certain types of specialized jobs, such as researchers and multinational managers, where the party’s skills are invaluable. 


There are several requirements that immigrant employees must meet to qualify for a work visa, as well as for switching positions during the visa process. In general, immigrant workers must have a valid visa at the time of application for the work visa. For those seeking a new position, the alternate job must be similar to the current work the worker does, and the application must be in compliance and in process for at least 180 days. 

While these are key factors to understand regarding the immigration process, there may be additional aspects to consider depending upon the situation. Therefore, it can be beneficial for parties to become familiar with the immigration laws in full.