In response to the recent layoffs and the collapse of tech lender, Silicon Valley Bank, a presidential advisory panel is encouraging the federal government to consider extending the timeline for H-1B visa holders who are actively seeking a new job.
Drafted earlier this month by the President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders the recommendation cites current challenges faced by visa-holders who have lost their jobs and the subsequent difficulties in finding new work within the USCIS’ current deadline.
Current H-1B Regulations
The current grace period for H-1B visa holders to find a new job is 60 days. The advisory panel is suggesting that 180 days is more suitable given the nuances that go into finding a new job and sponsor and time required to complete the complex filings.
The 60-day grace period begins at the employee’s termination date. If the H-1B holder’s status is still valid on that date, they are permitted to search for new employment. Note, this period cannot surpass the I-94 approved validity period and will respect the deadline of whichever expires first.
Foreign-born workers who lose their job while under H-1B status must:
- find new employment within the grace period, and
- have their new employer file a new H-1B petition for them.
Talk to the Best Immigration Attorneys
Losing a job can be emotionally and financially taxing. Our employment-based immigration attorneys are up to date with the best practices for paperwork, regularly guiding clients through the process of status changes and visa renewals.
Given the complexities involved in finding a new employer sponsor, it is suggested that individuals consult an experienced immigration lawyer for a personalized approach. Reeves Immigration Law Group is well respected for providing superior legal services to the immigrant community. To discuss your H1-B visa, fill out our contact form today.
