There’s technically no true “transfer” process for the O-1 visa. Whenever an O-1 visa holder changes employers or agents, a new or amended Form I-129 petition must be filed with U.S. Citizenship and Immigration Services (USCIS).
If you work under an agent petitioner, that petition allows you to collaborate with multiple employers under one filing. However, switching to a new agent still requires a brand-new petition.
Additionally, O-1 status can be extended in one-year increments as long as there is evidence of ongoing employment or active projects in the United States.
For foreign nationals with extraordinary ability, the O-1 visa remains a powerful tool for pursuing professional opportunities in the U.S. Yet, career paths evolve—whether you receive a new job offer, take on a new role, or plan to work with a different agent, understanding how an O-1 “transfer” works is critical. This detailed guide from the immigration attorneys at Green Card Link explains how to manage these transitions effectively.
O-1 “Transfer” Overview
When changing employers or agents, the O-1 visa is not literally transferred. Instead, your new employer or agent must submit a fresh Form I-129, Petition for a Nonimmigrant Worker, to USCIS.
You may need a new or amended petition in the following situations:
- Change of Employer: If you’re starting a new position with a different company, the new employer must file a separate Form I-129 petition.
- Material Change in Employment: If the conditions of your current role change significantly—such as major shifts in job duties, a new work location, or other substantial modifications—your current employer must file an amended petition. Under U.S. federal regulations, a “material change” is any alteration that could impact your eligibility for O-1 classification.
Working with O-1 Agents and Managing Transfers
The immigration attorneys at Green Card Link often advise eligible clients to consider using an agent as the petitioner whenever appropriate. This option offers flexibility by allowing O-1 beneficiaries to work for multiple employers under one approved petition.
An agent petitioner can be a U.S. individual or entity filing on behalf of the beneficiary to manage work across several clients—ideal for artists, consultants, athletes, or entertainment professionals handling multiple short-term projects.
Having an agent simplifies the process of adding, removing, or transitioning between engagements without filing a new petition for each opportunity.
However, if you switch representation, your new agent must still file a completely new Form I-129 before you begin working under their sponsorship.
Step-by-Step Guide to the O-1 Change of Employer Process
Step 1: Job Offer and Initial Review
When a new job opportunity arises, the prospective employer or agent must agree to sponsor a new O-1 petition.
Step 2: Preparing and Filing Form I-129
The new petitioner must prepare and submit Form I-129 to USCIS with supporting evidence, including:
- A written consultation letter from a relevant peer group or labor organization.
- USCIS may waive this if the new position is similar to prior approved work and the consultation occurred within the last two years.
- USCIS may waive this if the new position is similar to prior approved work and the consultation occurred within the last two years.
- A copy of the new employment contract(s).
- A detailed itinerary of events or engagements, especially when an agent files the petition.
- Updated documentation showcasing your extraordinary ability and qualifications.
Step 3: USCIS Review
USCIS evaluates the new petition and all accompanying documentation to confirm eligibility and compliance.
Step 4: Approval and Employment Start
Once the petition is approved, USCIS issues a Form I-797 Approval Notice. You may not begin working for the new employer or agent until this approval is received.
O-1 Visa Extensions
An O-1 visa is typically valid for the duration of the event, project, or assignment, for up to three years initially. This period is known as the validity period.
You are also granted a 10-day grace period before and after this validity period—allowing you time to prepare for arrival and departure, though you cannot work during those 10-day intervals.
O-1 visa holders may apply for unlimited one-year extensions, provided there is proof that the authorized work continues.For PERM cases, the employer must:
To request an extension, you must submit the following documents to USCIS
- A new Form I-129, Petition for a Nonimmigrant Worker.
- A copy of your Form I-94 Arrival/Departure Record, which includes your entry and departure dates.
- Evidence of ongoing employment, such as an updated contract, project itinerary, or documentation proving continued need for your services.
If you have dependents (spouse or children), they must also file Form I-539, Application to Extend/Change Nonimmigrant Status, ideally at the same time as your extension request.
Why Consult an Immigration Attorney
Every O-1 case is unique, and even minor changes in employment or representation can affect your visa status. For this reason, it’s essential to work with experienced immigration attorneys at Green Card Link who can evaluate your situation, ensure full compliance with USCIS requirements, and help you transition smoothly between employers or agents.
The immigration attorneys at Green Card Link have extensive experience handling complex O-1 petitions, extensions, and agent-based filings. Reach out today to schedule a consultation and protect your ability to continue working and achieving your goals in the United States.