I am in O-1 status and I got a new job offer—do I need a visa petition?

Szilard Szabo.    Pixabay  . The  O-1 nonimmigrant visa  is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

Szilard Szabo. Pixabay. The O-1 nonimmigrant visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

I am in O-1 status and I got a new job offer—what should I do?

If you are here on an approved O-1 visa through a specific employer, you are only authorized to work with that entity. Therefore, if you receive another offer of employment, this new employer would have to file a new petition for you.

Should I file for a change in employer?

If you have a full-time job with your petitioning employer and want to stop working there and take on alternative employment, that new employer can file for you as a change in employment and the USCIS will want to see evidence of the job being offered. Since you have to submit a new petition, you will also have to resubmit all of the evidence you initially submitted for your first O-1 approval to prove that you are extraordinary. Depending on how much time you have been working in the U.S., you most likely will also want to update the evidence of your extraordinary ability to show what you have been working on in the United States. Finally, you will also need to prove that you have maintained your O-1 status in the U.S. prior to filing, which can normally be accomplished through submitting pay stubs.

Should I file for new concurrent employment?

If you want to take on additional work beyond your first O-1 petition, it is also possible to file for concurrent employment. For example, if you are working full-time with one employer but have an opportunity to work for an additional distinguished organization part-time in the same field, you can be approved to work at for an additional employer at the same time through a concurrent O-1 visa.  

What if my O-1 petitioner is an agent? Do I need to file every time I get a new job offer?

No! If your O-1 petitioner was an agent, so long as the work that you are taking on is within your area of expertise that your O-1 petition was approved for, your agent does not need to notify USCIS of additional work even if it did not initially appear on your itinerary. For example, if you are a musician and your itinerary listed performances at several venues but now you have a gig at an additional venue, you are authorized to take on that work. The USCIS understands that artists in particular have employment that can be varied and gig based, and having an agent as your petitioner permits you that flexibility.

If you have any questions about O-1 visas or other immigration matters, don’t hesitate to contact us for a consultation. We are here to help. Follow us on InstagramTwitterFacebookLinkedIn or Tumblr for up-to-date immigration news.


Rasoulpour Torregoza is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
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