There are two exceptions to this requirement. The employee cannot begin working for the new employer until USCIS approves the petition.
However, the new employer first must file a labor condition application (e.g., H-1B petitions) or temporary labor certification (e.g., H-2 petitions) and then file a new Form I-129 petition with the approved labor certification. Changing EmployersĪ nonimmigrant employee can change employers. Evidence that you mailed the new Form I-129 to USCISĮmployers must reverify the employee’s employment authorization in Section 3 once they receive a decision from USCIS.Proof of payment for filing a new Form I-129.To show that the employer filed a petition on the employee’s behalf, it is suggested that the employer retain the following documents with the employee’s existing Form I-9: The employer should write “240-Day Ext.” and the date he or she submitted the Form I-129 petition to USCIS in the margin of Form I-9 next to Section 2. Generally, the employee may continue working for the same employer for up to 240 days or until USCIS makes a decision on the petition, whichever is sooner. To extend the period for which a nonimmigrant employee was admitted, an employer must file a new Form I-129 petition for the employee. If admitted, the employee may begin working for the employer and must complete Form I-9.Ī few classifications allow a nonimmigrant to obtain permission to work in the United States without an employer filing Form I-129 for the nonimmigrant:.If the consulate issues a visa, the prospective employee may travel to the United States to apply for admission.The prospective employee can then apply at the U.S.consulate nearest the prospective employee’s foreign residence. If a potential employee is outside of the United States or ineligible to change his/her status while in the United States: If a potential employee is in the United States, he or she can begin working once USCIS approves the Form I-129 petition and the employer completes Form I-9 provided the petition contained a change of status or extension of stay request that was also approved. Notify the employer if the petition is incomplete and:.No receipt is sent if a petition is rejected. Send a receipt to the employer indicating that the petition was received.Once the employer files “ Form 129, Petition for a Nonimmigrant Worker" for a temporary worker, USCIS will: Employers must generally file a petition with USCIS to legally hire a nonimmigrant as a temporary worker.
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