Understanding the different U.S. work visa types can feel overwhelming. Each visa comes with its own set of rules, restrictions, and benefits. Knowing which visa best suits your goals is essential. Making the wrong choice could limit your job flexibility, financial future, and long-term immigration prospects.
Your focus should not just be on how to get a job in the U.S., but what about what happens after? Can you change employers freely? What if you’re laid off? These are the questions that matter to professionals who want more than just a temporary job. At Queens Immigration Attorney we provide the guidance you need to make the right choice.
U.S. Work Visa Types with the Best Job Mobility
Switching employers while on a U.S. work visa isn’t always straightforward. Some visas tie workers to a single sponsoring employer, making job changes difficult. Others allow for greater flexibility. Many professionals prioritize career growth and the ability to move between employers with minimal restrictions. For them, understanding job mobility under different U.S. work visa types is crucial.
H-1B Visa and Portability
The H-1B visa offers one of the most flexible pathways for changing employers in the U.S. Under H-1B portability rules, a worker can start a new job once the new employer files a non-frivolous H-1B petition. Unlike other U.S. work visa types, H-1B holders do not need USCIS approval to begin employment with the new sponsor.
Additional H-1B mobility advantages include:
- Unlimited Transfers: There is no limit to the number of times an H-1B worker can change employers. As long as each new employer files a complaint petition.
- Retaining Green Card Priority Dates: An H-1B worker can retain their priority date even if they change employers. That is if they have an approved I-140 immigrant petition for permanent residency. Provided that the I-140 has been approved for at least 180 days.
However, H-1B portability does not apply to every situation. If the new employer files a late or incomplete petition, the worker could lose their legal status. While H-1B workers can switch jobs freely. However, they cannot transition into self-employment unless strict employer-employee relationship requirements are met.
L-1 Visa
The L-1 visa is designed for intra-company transfers, meaning job mobility is extremely limited. An L-1 visa holder can only work for the specific multinational company that sponsored their visa. If they wish to move to a different employer, they must obtain a new visa entirely.
Key restrictions include:
- No External Job Transfers: Unlike the H-1B, an L-1 worker cannot port their visa to another employer.
- Strict International Transfer Criteria: The worker must have been employed by the same multinational company outside the US. For at least 1 year before transferring.
- Limited Extensions: L-1 status is capped at 5 years (L-1B) or 7 years (L-1A). Meaning long-term job mobility is restricted.
For professionals seeking flexibility to move between employers, the L-1 visa is not an ideal choice.
O-1 Visa
The O-1 visa is designed for individuals with extraordinary ability in fields like science, education, business, and the arts. Unlike employer-restricted visas, O-1 holders can work for multiple employers simultaneously. However, each employer must file a separate petition with USCIS.
Key advantages include:
- Multi-Employer Work Authorization: O-1 visa holders can work for multiple companies at the same time once each employer has an approved petition.
- Self-Sponsorship via an Agent: Unlike the H-1B or L-1, O-1 workers can be sponsored by an agent or management company. Rather than a direct employer. This allows for greater flexibility in employment arrangements.
- No Annual Cap: The O-1 visa does not have an annual limit, meaning workers do not face numerical restrictions.
However, O-1 job mobility comes with administrative burdens, as each new employer must file an additional petition. Making frequent job changes more complex than under H-1B portability rules.
TN Visa
The TN visa is available to Canadian and Mexican professionals under the USMCA (formerly NAFTA) agreement. It allows work in designated professional occupations. While TN visa holders can switch employers, they must go through a new application process every time.
Key TN visa mobility rules:
- No Portability Rule: Unlike the H-1B, TN visa holders cannot start working for a new employer until the application is approved.
- No Dual Intent: TN visa holders cannot apply for a green card while on TN status Making long-term job mobility less viable.
- No Annual Cap: Unlike the H-1B, TN visas do not have numerical limits. This allows for easier job transitions without visa lottery restrictions.
While TN job mobility is better than L-1, it does not match the flexibility of the H-1B. Since workers must secure new employment authorization before switching jobs.
E-3 Visa
The E-3 visa is available exclusively to Australian professionals. It operates similarly to the H-1B. Allowing visa holders to change employers. However, unlike H-1B portability, the new employer must file and receive USCIS approval before work begins.
Additional E-3 visa mobility considerations:
- Annual Cap: The E-3 visa is subject to a 10,500 annual cap. Making it more competitive than TN status but less restrictive than the H-1B lottery.
- No Premium Processing: Unlike the H-1B, there is no premium processing option for faster transfers. This can delay job changes.
- Spousal Work Authorization: Unlike H-1B spouses, E-3 dependent spouses are automatically eligible for work authorization. Providing more financial flexibility.
The E-3 visa job mobility is strong. However, the requirement to wait for USCIS approval before changing jobs makes it less flexible than the H-1B portability rule.
For professionals seeking maximum job flexibility, the H-1B visa remains the best option. Due to its portability rule, unlimited job transfers, and ability to retain green card priority dates. The H-1B visa offers the best balance of freedom to switch jobs, work authorization security, and long-term immigration benefits.
U.S. Work Visa Types for Entrepreneurs and Business Owners
Entrepreneurs who want to build or expand their businesses in the U.S. often face a major challenge. Most U.S. work visa types are designed for employees, not business owners. However, several visa options allow entrepreneurs, investors, and company founders to legally operate businesses in the US. Provided they meet specific requirements.
H-1B Visa for Entrepreneurs
Although the H-1B visa is traditionally employer-sponsored, it can be used by entrepreneurs who own businesses. Provided they structure their company correctly. According to USCIS regulations, an entrepreneur may qualify for an H-1B visa. If their company can prove a valid employer-employee relationship. This means that:
- The entrepreneur cannot have complete control over the company.
- The company must have an independent board or another individual with the authority to fire the entrepreneur.
- The entrepreneur must primarily work in a specialty occupation that requires at least a bachelor’s degree.
Additionally, H-1B visas can be extended beyond 6 years. If the entrepreneur has an approved I-140 or a pending employment-based green card application.
L-1 Visa For Entrepreneurs
The L-1 visa is an excellent option for business owners who already own a company abroad. And want to expand into the U.S. This visa allows an entrepreneur to transfer to a U.S. office. If the company abroad has a qualifying relationship with the new U.S. entity.
Key requirements include:
- The entrepreneur must have worked for the foreign company for at least 1 continuous year within the past 3 years.
- The U.S. business must be an affiliate, subsidiary, or parent of the foreign company.
- The entrepreneur must enter the U.S. as a manager, executive, or person with specialized knowledge.
The L-1 visa is initially granted for 1 year for new U.S. businesses but can be extended up to 7 years for L-1A executives.
O-1 Visa for Entrepreneurs
Entrepreneurs who have achieved exceptional recognition in their field may qualify for the O-1 visa. It is designed for individuals with extraordinary abilities in business, science, education, or athletics.
To qualify, an entrepreneur must provide evidence of at least 3 of the following:
- Awards or recognition in their field.
- Published material about their work.
- Original contributions that have significantly impacted their industry.
- Membership in elite associations requiring distinguished achievement.
- A high salary that reflects their expertise.
Unlike other work visas, the O-1 visa does not require employer sponsorship. Making it a strong option for self-employed entrepreneurs. As they can demonstrate their business leadership and industry contributions.
H-1B Visa for Entrepreneurial Investors
For entrepreneurs who own more than 50% of their company, a special H-1B category called “beneficiary owners” exists. While uncommon, this rule allows company founders to petition for H-1B status under strict conditions:
- The entrepreneur must perform specialty occupation duties at least 51% of the time.
- The company must comply with Department of Labor wage rules.
- The visa validity is limited to 18 months, with an option for an additional 18-month extension.
Recent updates in DHS regulations clarify how these rules apply. Reinforcing that entrepreneurs can use the H-1B program if they meet these criteria.
EB-5 Immigrant Investor Green Card
Unlike temporary work visas, the EB-5 Immigrant Investor Program provides a direct path to a green card. To qualify, an entrepreneur must:
- Invest at least $800,000 in a targeted employment area (TEA) or $1,050,000 in a standard location.
- Create or preserve at least 10 full-time jobs for U.S. workers.
While it requires a significant capital investment, the EB-5 visa grants permanent residency. Making it the best option for entrepreneurs who want long-term stability in the U.S.
The right attorney could be the difference between visa success and costly delays. Find out why experience matters in 2025.
How Holders of Different U.S. Work Visa Types Handle Unexpected Layoffs or Job Loss
Losing a job while in one of the U.S. Work visa types can be daunting. However, it doesn’t have to mean an immediate exit from the US. The U.S. immigration system provides various safeguards. These help nonimmigrant workers remain in legal status while they seek new employment or alternative solutions. Understanding your grace periods, transfer options, and alternative pathways is crucial to maintaining your legal status and work authorization.
The 60-Day Grace Period
For most employment-based visa holders, the maximum 60-day grace period offers a vital opportunity. It gives the chance to find a new employer, change visa status, or prepare for departure. All without immediately violating immigration laws.
- Who Qualifies? This grace period applies to individuals on H-1B, L-1, O-1, and TN visas, as well as their dependents.
- When Does It Start? The grace period begins the day after employment termination and salary payment ends.
- How Many Times Can You Use It? You may only use this grace period once per authorized petition validity period.
- What If You Leave the U.S. During the Grace Period? If you depart, the grace period ends immediately.
Speak with a Queens Immigration Attorney Today
Choosing between U.S. work visa types is complex, and making the wrong decision can delay your immigration goals. Your U.S. work visa isn’t just a document. It’s the foundation of your career, financial future, and long-term stability in the United States.
At Queens Immigration Attorney, we understand each visa type and can help you make the best decision for your future. Take control of your U.S. career journey by booking a free consultation today.
