In this video, the Avatar of attorney Shawn Sedaghat addresses a common question regarding the EB-1 visa: Can an EB-1 petition be transferred if the applicant changes employers? Drawing on nearly three decades of immigration law experience, Sedaghat provides critical insights into the impact of job changes on EB-1A, EB-1B, and EB-1C petitions.
Changing Employers for EB-1A and EB-1B Applicants
For EB-1A (Extraordinary Ability) and EB-1B (Outstanding Professors and Researchers) applicants, changing employers is generally allowed. However, the new role must continue to align with the applicant's extraordinary ability or research focus. This is essential to avoid jeopardizing the petition.
The applicant must still meet the eligibility criteria for their EB-1 category, ensuring that their new position reflects the same high level of recognition and contribution in their field.
Changing Employers for EB-1C Applicants
For EB-1C (Multinational Managers or Executives) applicants, the situation is more complex. The EB-1C visa is directly tied to the petitioning employer, meaning that a change in employers can invalidate the petition. Since the visa depends on the specific employer-employee relationship, a job change in this category requires careful consideration.
Consult an Immigration Attorney
It's crucial to consult with an experienced immigration attorney before making any job changes to fully understand how it could impact your EB-1 petition. This ensures compliance with USCIS requirements and prevents the risk of petition invalidation.
Conclusion
Changing employers under the EB-1 visa has different implications depending on the category. While EB-1A and EB-1B applicants can change employers as long as their new roles align with their extraordinary ability or research focus, EB-1C applicants must be cautious due to the petition’s dependence on the employer. Consulting with an attorney like Shawn Sedaghat is essential to ensure compliance and maintain the integrity of the EB-1 petition.
Contact Information:
Phone: +1 (818) 382-3333
Email:
- niw-eb1attorneys@sedaghatlawoffices.com
- ss@sedaghatlaw.com
Websites:
- sedaghatlaw.com/
- niwandeb-1.com/
Office Locations:
Los Angeles - 18751 Ventura Blvd. Suite 200 Tarzana, CA 91356
Orange County - 300 Spectrum Center Dr 400, Irvine, CA 92618
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5 сен 2024
