After filing the I-140, can I work for another employer?

The answer depends on the EB-1 category under which you are petitioning and the stage your case is at. Filing the I-140 is an important step toward permanent residence, but it does not automatically freeze or unlock your work situation.

When the petition is based on a job offer from a sponsoring employer, the I-140 was built around a specific employment relationship. Changing employers too early, before the process has matured, can weaken that foundation and raise questions about the offer supporting the petition.

Those who qualify under EB-1A, for extraordinary ability, tend to have more flexibility, because that category allows self-petition and does not rely on a specific employer.

There is also the portability mechanism: after an adjustment-of-status application has been pending for a certain period, the law may allow a change of employer to a same or similar position. The rules and requirements are case-specific and vary by situation.

Before accepting a new offer, it is worth reviewing the updated rules on the USCIS website and evaluating your case with an immigration professional to avoid jeopardizing the progress of your petition.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.