The recent wave of tech industry layoffs has significantly impacted the workforce, including a large number of H-1B visa holders. Thousands of workers at companies like Twitter and Amazon have lost their jobs. Analysts estimate that these layoffs have affected at least 45,000 H-1B workers.

The Precarious Position of H-1B Visa Holders

An H-1B visa is a non-immigrant work authorization that directly ties an individual’s legal status to their employer. While an employer sponsors the visa, they don’t have to employ the worker for the visa’s full duration. This means the employer can terminate the relationship at any time. For a laid-off H-1B visa holder, this is a precarious situation. Their ability to remain in the U.S. is immediately at risk.

The law offers a grace period for H-1B workers who lose their jobs. This period can last up to 60 days. It allows the individual to find new employment, change their visa status, or leave the country. However, the time limit is strict. Failing to act within this window can lead to “unlawful presence,” with serious consequences including potential deportation and future bans on re-entry.

Analyzing the Repercussions and Mitigation Strategies

Maxine Bayley, a partner at Duane Morris, has analyzed the fallout for H-1B visa recipients. She notes that the 60-day grace period is a crucial, but often insufficient, lifeline. Finding a new employer willing to sponsor another H-1B petition is a challenge, especially in a competitive job market.

Bayley and other immigration experts suggest several tactics to help laid-off visa holders.

• Prompt Action: The most important advice is to act immediately. The 60-day clock starts the day after employment ends. Therefore, a laid-off worker must use this time to update their resume, network, and search for a new job.
• H-1B Transfer: A common option is to find a new employer. This employer must file an H-1B transfer petition. They must submit the petition within the 60-day grace period. This ensures the worker’s status remains valid while USCIS processes the application.
• Change of Status: If a worker cannot find an H-1B employer, they have other options. They could change their visa status. Options include a B-2 (visitor) or F-1 (student) visa. They could also change status to an H-4 dependent visa if their spouse holds an H-1B visa. However, it’s important to understand the rules of the new status. For example, a B-2 visitor visa does not permit work.
• Alternative Green Card Options: A highly skilled worker may be eligible for a self-sponsored green card. This could be an EB-1A for individuals with extraordinary ability or an EB-2 NIW (National Interest Waiver). These options allow a worker to apply for permanent residency without an employer sponsor.
• Negotiating with the Former Employer: A laid-off H-1B worker can sometimes negotiate their official last day of employment. This helps extend the 60-day grace period. It provides more time to secure a new position or status.
• Legal Counsel: Immigration law is complex. Falling out of status has severe consequences. Therefore, an experienced immigration attorney should be consulted. A lawyer can evaluate all available options. They also ensure all filings are done correctly and on time.

The uncertainty around job security and visa status has created significant distress for H-1B visa holders. The recent layoffs have highlighted the system’s vulnerabilities. This emphasizes the need for quick, informed decisions and strategic planning to move forward.