How do I change jobs in the USA?

Most US jobs are “at will”, so changing employer is quick on paper: there’s usually no legal notice period on either side. What takes planning is your visa, your health insurance and any non-compete clause.

Notice and at-will employment

In every state except Montana, most private-sector jobs are “at will”: you or your employer can end the job at any time, for any lawful reason, without notice. Two weeks’ written notice is the normal courtesy, and senior staff often give more. Check your offer letter or contract, as some set a notice period, or tie a sign-on bonus or relocation package to staying for a year or two, with a clawback (repayment) if you leave early. See Your rights at work.

Your final pay cheque and unused holiday

Federal law doesn’t say when your last pay must arrive. State law does, and it often depends on whether you resigned or were let go. Whether unused paid time off (PTO) is paid out also depends on your state and your employer’s written policy.

For other states, see your state labor department, listed on the Department of Labor’s website. Rules differ by state

Health insurance between jobs

Workplace health cover usually ends on your last day or at the end of that month, and a new employer’s plan may not start on day one. To avoid a gap:

• COBRA lets you and your family stay on your old employer’s plan, usually for up to 18 months, at up to 102% of the full premium, including the part your employer used to pay. That’s often well over $1,000 (about £740) a month for a family
• You have 60 days to choose COBRA, from when your cover ends or you get the election notice, whichever is later, and 45 days after that to pay. Cover is backdated, so some people only elect it if they need care in the gap
• Losing job-based cover also opens a 60-day special enrollment period on the ACA marketplace (HealthCare.gov or your state’s exchange). Dropping COBRA early doesn’t open a new window
• Ask the new employer exactly when its health plan starts, and line up your start date with that in mind

See health insurance at renewal.

On an H-1B

1. The new employer files a new H-1B petition for you (and a new labour condition application). If you’re already counted against the cap, you don’t go through the lottery again
2. Under H-1B “portability”, you can usually start work for the new employer once it has properly filed the petition, without waiting for approval, as long as you’ve stayed in status
3. Most people resign once the petition is filed, and agree a start date so there’s no gap
4. If your job ends first, you have a grace period of up to 60 consecutive days, or until your authorised stay ends if sooner, to find a new employer that files for you, change status or leave

The $100,000 fee from the September 2025 proclamation applied mainly to new petitions for people outside the US, not to most in-country changes of employer. As of 8 October 2026, two federal courts have blocked it, USCIS isn’t collecting it, and a September 2026 proclamation tried to extend it to September 2027. This is still in the courts, so check USCIS and ask an immigration attorney.

On an L-1 or E-2

• L-1 status is tied to your employer’s group of companies. You can’t move to an unrelated US employer on it: the new employer would need to sponsor you for something else, such as an H-1B, an O-1 or a green card. Moving within the same group needs a new or amended petition first
• E-2 employee: your status is tied to the treaty company that employs you. A new employer must itself qualify as a British-owned E-2 company and file for you, or you need a different visa
• E-2 investor: your status is tied to your own business. See freelancing and starting a business
• If your employer is sponsoring your green card, changing jobs before it’s approved can restart the process. Get advice before you resign

Non-compete clauses

The Federal Trade Commission’s national ban on non-competes never took effect: a court struck it down in 2024, and the FTC dropped its appeals in September 2025. State law decides, and it varies a lot:

Minnesota, North Dakota and Oklahoma also ban most non-competes. If a clause worries you, have an employment lawyer read it before you accept the new job.

Your 401(k), stock and references

• Your 401(k) stays yours, but only the vested part of employer contributions. Check your vesting schedule before you pick a leaving date. See 401(k) and retirement accounts
• Unvested stock (RSUs) usually lapses when you leave. Check your next vesting date
• Many US employers only confirm your job title and dates, so ask managers for personal references before you go
• Give your new employer a new Form W-4, and update your address with your old employer for your Form W-2