INS COMMENTS ON NEED FOR NEW VISA STAMP WHEN NONIMMIGRANT VISA HOLDERS CHANGE JOBS The Immigration and Naturalization Service and the Department of State have coordinated on setting a policy regarding the continuing validity of H, L, O and P visas when an beneficiary changes employers but remains in the same visa classification. The INS presents the following scenario as an example where the issue arises: "An alien enters the United States as an H-1B nonimmigrant on the basis of a petition filed by "company A." After commencing employment, the alien receives a more attractive job offer from "Company B." Company B files a new H-1B petition in the alien's behalf which is approved by the INS. The alien subsequently leaves the United States and then applies for admission as an H-1B nonimmigrant alien to work for Company B presenting the H-1B visa issued to him based on Company A's petition." The official policy in such matters is that the visa remains valid during its validity period regardless of a change in the beneficiary's employer. As long as the alien remains in the same nonimmigrant classification and the visa stamp is not expired, the visa shall remain valid. The INS memorandum also noted that INS officers issuing I-94s for H-1B and L-1 visa holders should grant a period of admission that is as long as the validity period of the supporting petition. The INS specifically reminds its officers to "not arbitrarily limit the admission period of an H-1B or L-1 nonimmigrant alien. < Back | Next >Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |