Change Employer on E1 Visa
I am currently on an E1 Visa that was sponsored from my employer in the US. The VISA expires mid 2019. I got a potential job offer from an international Vehicle Manufacturer based in the US but with the Headquarter in Germany. I am a German citizen.
Can I change to the new employer with keeping the same status (E1 Visa Holder) and which actions do I have to consider? I did some research regarding the I-129 Form and to expedite the process from 6 month processing time to 15 days I also have to file another form called I-907.
Is there anything else I need to consider? Are these the right forms for my case? Does the new employer need to file this petition?
I appreciate your feedback and any additional information.
Thank you very much.
3 attorney answers
Yes, the new employer will need to file a new E visa petition for you. It may be possible to request authorization to change employers inside the US (without the need to travel to Germany for consular processing). Premium processing would be available if this route is appropriate for your situation. It is imperative that your new employer works with an immigration attorney to evaluate the facts and advise you on the best strategy.
There is no simple answer to your question. Is it possible? Yes. Do you and your company qualify? Maybe. An immigration attorney would have to do a thorough analysis in a private consultation. Your employer would be the petitioner - they should not attempt to do this without hiring an immigration attorney.
Whether the company and you qualify for E-1 treatment is based upon many factors - so one cannot provide an analysis/answer based upon the facts provided. The E process is the employer's process to file - and may be filed within the USCIS or abroad at the Embassy. Which filing process is best in any given case is an analysis best done by the immigration counsel handling the case. Likewise - the forms involved in the process vary based upon which process is followed. Have your prospective employer consult with its immigration counsel for this analysis.