Can I change jobs as a nurse on a U.S. work visa?

The United States offers some of the best career opportunities for international nurses. But things don’t always go as planned. Perhaps you’ve recently relocated to the U.S. on a work visa and now find yourself needing to switch jobs. This decision brings its own set of challenges, along with growth and new prospects.

You may have been thinking about leaving your current role for some time but are nervous to make the next step. This guide will outline the steps you need to take to change your job based on the type of work visa you hold and will demonstrate how Espirita can help you to navigate the process.

Why change jobs as an international nurse in the U.S.?

Starting a new life in the U.S. can be an exciting time for most, however this doesn’t always align with the vision you had in mind. Maybe you’re working as a nurse in the United States but circumstances in your life or at your workplace have changed and you’re now looking to find your ideal role elsewhere. There are many reasons why an international nurse on a U.S. work visa may want to change their job.

Some of the most common reasons to change jobs are:

• Better work-life balance
• Higher job satisfaction
• Increased pay and improved benefits
• Work in a different role or department
• Move to another location

All of these reasons are dependent on the unique experience of each individual nurse and can vary as a result of each nurse’s wants and needs.

How to change nursing jobs on a U.S. work visa

EB-3 visa

The EB-3 visa is an employment-based permanent visa for skilled workers who have secured a job offer. If you’re an international nurse wanting to pursue a new role with a different employer, the Twenty-First Century Act (AC21) allows EB-3 visa holders to switch employers, provided they meet specific requirements.

To move to another employer and job on your EB-3 visa, the I-140 Immigrant Petition for Alien Workers that was filed by your current employer must have been approved.

Next, you must apply for an I-485 adjustment of status and provide evidence that your new job is in the same or a similar occupational class as on the original I-140 petition.

Once your adjustment of status has been approved or pending for 180 days or more, you can start your new job.

H-1B visa

A H1-B visa is a temporary employer-sponsored work visa for individuals in specialty occupations and is valid for up to six years. For people on this visa type, the process of changing jobs is quite simple and remains the easiest out of all visa types. Because of the nature of the H-1B visa, you will need to have a new employer to sponsor your visa before you apply.

To change employers on a H-1B visa, you will need to:

1. Get your future employer to submit a Labor Conditions Approval (LCA) to outline the conditions of your new position.
2. Wait for the approval of the LCA, which usually takes around seven days, but this time could vary depending on the case.
3. Have your future employer complete and submit an I-129 form with supporting documents and application fees.
4. Wait for approval. However, you can start working at your new role while you wait.

TN visa

TN visas are only available to Canadian and Mexican citizens wishing to work in the U.S. under The North America Free Trade Agreement (NAFTA). TN visa holders can change employers, but only after they’ve received approval from the U.S. immigration authorities. For immigrant nurses on a TN visa, there are two options for moving to a different employer.

Option one: Filing a I-129 petition

TN visa holders can file an I-129 petition via mail, and this is the same as if they were to apply for an adjustment of status. The I-129 usually takes between 15 and 45 days to be processed by the U.S. Citizenship and Immigration Services (USCIS), or for a faster turnaround time, you can file for premium handling. This will take a maximum of 15 days but will incur additional fees.

Option two: Applying for a new TN visa

Depending on how busy the USCIS is, it may be more convenient to change employer at the U.S. border. This process requires TN visa holders to depart the U.S. and request a new TN visa in the same manner as they obtained their initial visa. This means that Canadian citizens must go to the boarder to apply for a new visa and Mexican citizens must go to the U.S. embassy or consulate to apply for a new one.

Important to note

When changing jobs, you only need to complete one of the two options if:

• You move to another employer
• Your role and its responsibilities change under the same employer

However, you don’t need to change your TN visa if:

• You move within the U.S. but keep your role and stay with the same employer

Things to consider when changing employer or job on a work visa

Deciding to change nursing jobs is a big decision that requires a lot of thought and careful consideration. Whilst there are many benefits that can come from changing jobs, there are also some challenges you may want to think about. These include:

• Processing times of petitions and new visas
• Impact on your visa status, especially if your visa is tied to a specific employer
• Visa restrictions on when you can get a new job
• The role that your current and future employers play in this process, e.g. the willingness to sponsor you
• Validity of your certifications and licensure, which must be recognised by your new employer

How Espirita can help you change jobs on a U.S. work visa

We understand that circumstances can change once you’ve begun your nursing career in the United States. Our team of immigration lawyers and recruitment specialists are on-hand to help you find a new nursing job while retaining your legal visa status and getting settled in a new environment.

As a leading international nursing agency, we offer one-of-a-kind support:

• Advice and guidance from specialist immigration lawyers
• Nursing opportunities across the U.S. at reputable healthcare facilities
• Dedicated recruitment consultants to match you with the ideal role
• Help relocating and settling in a new place

Looking for a new nursing opportunity in the U.S.

Register for job opportunities if you’re looking to change roles within the U.S. Our team will be in touch to discuss your visa status and suggest the best way for you to move jobs. Together, we will explore available vacancies to match you with the perfect role.