Losing your job can be stressful, especially for H-1B visa holders whose legal status depends on their employers. The recent tech industry layoffs in 2023, which affected roughly 10,000 employees with H-1B visas, serve as a stark example.
So, what happens if a situation like this arises for you? The good news is that US Immigration law gives you a 60-day grace period after your last day of work, in which you are considered to be in “lawful nonimmigrant status.” While this sounds daunting, there are two ways you can use this time strategically:
Job hunt
Finding a new employer is one way to keep your H-1B visa. Use resources like USCIS’ H-1B Employer Data Hub to narrow down your search to companies with a solid history of sponsoring H-1B visas. Once you have a job offer, your new employer can file a petition on your behalf. It should include documents like your current H-1B approval, proof of your job ending, and your new employer’s Labor Condition Application (LCA). However, processing times can vary, so be prepared for potential delays.
Change your visa status
Depending on your skills and career goals, you might also be eligible for other visas. Here are some that you can consider:
- O-1 Visa: This visa is for people with extraordinary abilities in fields like science, art, or business.
- EB-5 Investment Visa: This visa is for those who invested a significant amount of capital in a US business and created at least 10 full-time jobs for US workers.
- TN Visa: This is for Canadian or Mexican citizens working in a specific professional occupation listed under the North American Free Trade Agreement (NAFTA).
Talking to an Immigration attorney can help you figure out which visa is the best fit for you and your career goals.
Layoff is not the end-all, be-all
Going through a layoff can be confusing and challenging, so understanding your options under US Immigration law can be a big help. Don’t hesitate to reach out and get the legal support you need.
