Published: August 28, 2023
Tech and outsourcing companies hired 34,000 new H-1B workers but later fired at least 85,000 within the same year and early 2023. The inflation of service prices prompted employers to cut their expenses by letting go of some people. This event left thousands jobless, forcing immigrants to go home earlier than expected. Others even indulge in unauthorized work. If you or someone you know undergoes this problem, it is best to seek H-1B visa layoff advice from immigration attorneys.
You might feel devastated after losing a job while on a H-1B visa. Before giving up, at least explore your legal options. ALG Lawyers can proficiently guide you through immigration-related predicaments.
What is the H-1B Visa?
The H-1B visa category caters to specialty occupations, DOD cooperative research and development project workers, and fashion models. Through it, US-based employers may hire skilled non-citizens when there is shortage or absence of able and qualified American workers. In addition to filling employment gaps, the presence of H-1B workers in the United States supports economic growth and increases labor market standards.
Although H-1B visa holders contribute positive development to US economy and labor, its existence depends on the country’s stability. With impeding inflation, many companies decided letting go of foreign workers to save money.
It is most advisable for H-1B workers and aspiring H-1B visa applicants to stay updated on immigration trends. Also, be aware of your rights as an H-1B visa holder to protect yourself from labor exploitation and other abuses.
Grace Period for Laid-Off H-1B Visa Workers
Non-citizen workers have a limited grace period to stay within the US following their job termination. USCIS grants a maximum discretionary grace period of sixty (60) days. The reckoning period begins on the day of employment cessation or the expiration of the non-immigrant’s authorized validity period, whichever is shorter.
Besides H-1B visa, the following employment-based visas also grant a 60-day grace period upon termination:
- E-1 Treaty Trader Visa
- E-2 Treaty Investors Visa
- E-3 Specialty Occupation Workers from Australia Visa
- L-1 Intracompany Transferee Executive or Manager Visa
- O-1 Individuals with Extraordinary Ability or Achievement Visa
- TN NAFTA Professionals Visa
Notably, non-immigrants may take advantage of the grace period whether they voluntarily or involuntarily terminated their employment.
H-1B Visa Layoff Advice
The grace period of two months is relatively short. H-1B should act fast but carefully to maintain their legal status in the country. Firstly, you should collect yourself to start thinking clearly. Afterwards, you may follow these recommended steps to take after a job loss while on H-1B visa:
Inform USCIS About Your Situation
Before planning anything else, inform the USCIS about your termination. After all, it is the agency that grants the grace period. Non-immigrants must timely update USCIS about relevant changes on their personal life, especially details involving employment status and residence.
Retrieve Severance Pay and Other Benefits
Whether you resigned or got terminated, claim all your rightful benefits. An end of employment contract does not permit employers to violate your H-1B visa layoff legal rights.
Study Your Employment Contract
Run through your previous employment contract if you intend to find another job after the termination. Many companies place a non-compete clause and other stipulations that limits H-1B workers’ options.
Obtain Recommendation Letters
If you have been laid off but maintained good records with your previous company, ask for recommendation letters and employment certificates. Use these documents to bolster your chances of finding a new job.
Start a Job Search Right Away
Your next steps after a H-1B visa layoff ultimately leads to landing a secure and well-paying job. Send out applications as soon as you received a termination notice.
H-1B Visa Alternative Options
Because of competition, finding another job that suits your H-1B authorization can be challenging. However, it does not mean that you can no longer keep on working within the US. Non-immigrants have the option to file for an Adjustment of Status.
Finding alternative immigration routes is practical for coping with H-1B visa job loss. These visa categories may offer ways to seek job opportunities:
F-1 Student Visa
H-1B workers may enroll to US colleges and universities and take an eligible program to maintain lawful presence within the United States. F-1 visa holders may seek on-campus and off-campus employment.
E-2 Treaty Investor Visa
Previously terminated H-1B workers may also try their hand at business. The E-2 visa enables eligible non-citizens to start an enterprise. If you do not wish to open a business, some treaty investor companies could also sponsor for your employment.
O-1 Extraordinary Ability Visa
If you possess extraordinary ability or achievement in selected fields, transitioning into the O-1 visa could be possible. Like H-1B visa, O-1 visa requires applicants to have an employer to sponsor them.
L-1 Intracompany Transfer Visa
H-1B workers may also transition into the L-1 visa. However, applicants must qualify for a managerial, executive, or specialist role. The L-1 visa category typically caters to multinational companies with US branches or subsidiaries.
TN Visa for NAFTA Professionals
The North American Free Trade Agreement (NAFTA) created the TN visa, allowing Mexicans and Canadians to conduct professional business activities within the US. This visa category often benefits accountants, educators, lawyers, and scientists.
Non-Employment Green Cards
Besides employment, terminated H-1B workers could maintain lawful presence in the US through other green card categories. The most notable options include family and marriage-based green cards.
Tips When Reentering the US After a Layoff
H-1B workers must return to their home countries after the grace period expires. If your H-1B visa status remains valid upon finding a new US-based job, you do not have to re-enter the visa lottery.
Following these tips may help you avoid complications during your return to the United States:
Bring all necessary papers
Check the validity of your US visa and passport. Also, bring your new job offer and employment contract. Present these documents at the port of entry to substantiate your purpose of re-entering the country.
Explain your situation as specifically and thoroughly as possible
Be as detailed as you can during immigration interviews. Discuss how you got laid off and the processes you undertook to re-enter the US. You may also share your new employment details.
Keep USCIS updated about your contact details
Keep USCIS updated with any changes in your contact details. The agency will send official correspondences to your registered address, email address, and phone numbers.
Maintain constant communications with your new employer
Stay in close communication with your new employer. As they are your H-1B visa sponsor, you may ask for their assistance whenever complications arise regarding your immigration status.
Refrain from engaging in unauthorized work activities
Never engage in work activities that are not in line with your work authorization. You may be deported if the authorities find out about it. In addition, you may become ineligible from reapplying for H-1B visa.
Study recent immigration policy changes
Always be on the lookout for the newest immigration policy changes, especially those involving the H-1B visa. Even the minutest changes can make drastic impact on your immigration status. If you have questions about the said updates, talk to an immigration lawyer.
Pragmatic H-1B Visa Layoff Advice from ALG Lawyers
Being laid off while on an H-1B visa is truly heartbreaking. Dealing with the job loss is already an immense problem, but you may also face serious legal implications. Albeit troubled and confused, you should always protect your rights as a US immigrant.
If you intend to work right after being laid off from an H-1B job, seek immediate legal help. If you are from the Los Angeles area, ALG Lawyers has a team ready to assist you. Our immigration lawyers and legal assistants will proficiently handle your case and guide you through this confusing time.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)