How Long Do I Have To Stay At The Job That Sponsored My Visa?

How Long Do I Have To Stay At The Job That Sponsored My Visa?If you have received an employer-sponsored visa that allows you to legally live and work in the United States, you may have questions about how long you are required to stay at that job, or what happens if you are unable to keep it or are presented with a better opportunity. The good news is that just because an employer sponsored your employment-based visa does not mean that you are required to work for them forever. However, it is a decision that should be made carefully, as it can cost you your visa. For this reason, it is always a good idea to consult with an attorney before making any decisions related to your employment when you are in the states on an employment-based visa. Below we will provide some general guidelines to consider if you are wondering about your ability to leave your current position.

What Does it Mean if My Position is Permanent?

When your employer sponsors you for a visa, they must commit to offering you a permanent position. This does not actually mean that they are offering you a life-long job. Rather, it means that they are asking you to move to the United States in good faith for a position that is meant to last indefinitely. Otherwise, they would be wasting your time as well as that of USCIS by bringing you over for a temporary position that there is likely a far less burdensome way to fill. Likewise, in order to accept the job offer and act on the visa in good faith you must also commit to accepting the job indefinitely. This means that when you accept the job you have no plans or expectations of leaving it.

If you need help with an immigration matter, it can be overwhelming, and be hard to even know where to start looking for help or what options are available. Our attorneys at HAWM Law are ready, experienced and committed to helping immigrants at any stage of the US immigration process. You do not have to struggle through this process alone.

What Can I Do if I want to Leave the Job that Sponsored Me?

If you want or need to leave the job that sponsored your visa, it is always preferable to wait as long as possible to do so. Leaving your job too soon after arriving in the United States can make it look to USCIS officials that you did not come to the United States in good faith and with the intention of keeping the job that sponsored you indefinitely. While some situations may arise where it is absolutely necessary to take a new job, it’s important to document your reasons for doing so as thoroughly as possible in case they later come under scrutiny. While in most cases leaving a job after six to 12 months is likely okay, you may be in for a rude awakening when it comes time for your N-400 review if the job switch raises any red flags for USCIS reviewers. At any point after issuing your visa it can be rescinded on the basis of bad faith, and even if you have not had any issues while switching jobs, you may receive a denial based on a suspicious job history around five years after receiving your visa when it is time for your N-400 review. For this reason, it is always important to speak with a lawyer as you are making career changes.

Contact the Orlando Immigration Attorneys at HAWM Law

If you are in need of immigration-related assistance with a legal matter, or need guidance with regard to an employment-based visa or the immigration process, the experienced Orlando immigration attorneys at HAWM Law are ready to help. Contact HAWM Law today to schedule a consultation.

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