How To Switch Visa Types: A Guide for Employers and HR Leaders

Imagine hiring a top engineer from abroad who becomes key to your company’s success, only to discover they never made the transition from a student visa to a work visa after graduation. Without that change, they won't be able to continue working in the U.S., creating unexpected compliance risks, authorization gaps, and operational disruption at a critical moment in your company's growth.

For HR leaders, keeping every worker in the correct visa category is essential to supporting your people and operations. It’s not just about paperwork — it’s about safeguarding talent and keeping team growth moving smoothly.

This guide explains how to switch visa types, the required documentation, and how employers can navigate the process while protecting both their teams and the bottom line.

Understanding a Change in Immigration Status and Its Impact on Employers

A change in non-immigrant status occurs when an individual moves from one visa category to another without leaving the U.S. This is common when students transition from an F-1 visa to a longer duration professional work visa or when employees change from visas like the E-3 or the TN to a dual-intent category, such as the H-1B.

When an organization sponsors a visa for a foreign national, the company is responsible for maintaining compliance with U.S. immigration laws and regulations. HR teams should incorporate potential visa status changes into workforce planning. Specifically, they should monitor expiration dates, eligibility criteria, and filing deadlines to ensure employees remain lawfully employed under U.S. Citizenship and Immigration Services (USCIS) requirements.

An employee may request a USCIS status change when moving from a non-immigrant visa to a dual-intent visa. For example, shifting to H-1B status provides dual-intent eligibility, which allows an individual to work in the U.S. while also applying for permanent residency.

Separately, an employee may pursue an Adjustment of Status when transitioning from a temporary work visa such as H-1B or O-1 to lawful permanent residency (a Green Card). Adjustment of Status is distinct from a Change of Status and applies only when moving from a non-immigrant category to an immigrant category. A pending Green Card application allows individuals to remain in lawful status as long as eligibility requirements are maintained.

Understanding these scenarios helps employers anticipate workforce changes to better support long-term talent retention.

Employer Considerations for Visa Status Eligibility

Before starting the process to change an employee’s visa status, employers must confirm that the worker meets all the requirements set out by USCIS. From a compliance standpoint, this step ensures that every petition filed by your company is legally valid and fully adheres to immigration regulations.

Proper documentation and compliance guidance helps businesses reduce the risk of receiving a Request for Evidence (RFE) during the status change petitioning process.

Here are the criteria that employers need to consider:

Employee has been lawfully admitted to the U.S.: When entering the U.S. under a valid non-immigrant status, border control officers at a port of entry issue an I-94 form that proves lawful entry.
No violation of current visa terms: The employee must have maintained compliance with the regulations set out by their previously accorded visa status.
Application filed before the I-94 expires: The I-94 form an individual entering the U.S. receives will include an “Admit Until” date. Applicants need to submit visa change requests in a timely manner before that date.

Confirming these details early helps employers avoid situations where an employee unknowingly falls out of status, which can disrupt work, delay projects, and affect the lives of the employee and their dependents.

Required Documentation Employers Must Prepare

While required evidence varies by visa classification, employers sponsoring a change of non-immigrant status do have some compliance obligations. For example, businesses need to demonstrate that they are a legitimate enterprise and can pay the sponsored worker in accordance with immigration law.

Maintaining clear, accurate documentation allows employers to demonstrate their eligibility and prove compliance. Documentation may include:

Articles of incorporation: Official articles of incorporation filed with the state that establish the company as an active business entity.
Business plan overview: Certain visa categories, like the L-1A “new office,” may require employers to outline their business model, organizational structure, and how a sponsored role fits into the enterprise.
Employer Identification Number (EIN): An EIN document or letter verifies that the employer is properly registered with the Internal Revenue Services.
Financial and operational evidence (as applicable): For a variety of employment-based categories, employers must demonstrate their financial health through annual reports, tax returns, payroll records, or officer statements to substantiate operations and wage payments.

Note: USCIS’s formal “ability to pay” test applies to I-140 immigrant petitions, not I-129 non-immigrant filings.

Because evidentiary standards differ by visa category, employers should confirm requirements and document accuracy with immigration counsel before submission to ensure compliance and avoid unnecessary delays in the process.

How To Change an Employee’s Visa Status: Steps and Timeline

After confirming eligibility and documentation accuracy, employers can begin the formal USCIS process to change an employee’s visa status. Changing status is a time-sensitive process with strict eligibility rules and deadlines. Even small delays or RFEs can disrupt an employee’s ability to work for your business and impact organizational planning.

The following process is an outline of the broad steps you should take to improve the likelihood of swift processing:

Collaborate with an immigration law firm: The USCIS filing process for any visa category is complicated and requires precise documentation. Working with a law firm like Ellis will expedite the process, avoid common mistakes, and better align employee skill sets with the visa category you select to file for.
Confirm employee eligibility: With HR and your legal firm, assess different visa category requirements to find the best long-term solution for an employee.
Coordinate documentation and filings: Prepare and submit the required forms with guidance from your legal counsel. Depending on the visa type, the exact form may include I-129 (Petition for a Non-Immigrant Worker), I-539 (USCIS Change of Status Form), or others.
Monitor USCIS processing timelines: Employers can request and pay for premium processing for certain petitions, such as a H-1B, L-1 or O-1, which shortens review to 15 calendar days. Standard processing typically takes a number of months, so it’s essential to track updates through the USCIS case status tool and coordinate with legal counsel to plan workforce needs.

By following these steps, employers can ensure a smooth transition for international employees.

How the Ellis Team Supports Visa Status Changes

When a business navigates the USCIS immigration process alone, it risks costly errors, delayed applications, and workforce disruptions. Professional immigration counsel helps expedite the process, accelerate applications and support compliance when employing international employees.

Ellis guides employers through every step of the petition process, outlining how to successfully switch an employee’s visa type and maintain full compliance with U.S. immigration regulations. Don’t let barriers to immigration slow your workforce growth and prevent you from hiring and retaining top talent.

Reach out to Ellis and streamline compliance and international onboarding today.