In the course of a month, about 50,000 tech workers lost their jobs as Meta, Amazon, Twitter, Cisco, and others laid off significant parts of their workforces. Many of these laid-off employees are foreign-born and in the US on H-1B visas, which allow highly skilled, specialized workers with bachelor’s degrees (or equivalent) from other countries to obtain visas in the US.
What is an H-1B visa and how does it work?
H-1B visas are the most common type of visa used by US companies hiring employees in tech, finance, engineering, architecture, and other fields. These temporary work visas are valid for three years, with the option of an extension for up to six.
But for H-1B workers who have been laid off, the future is tense and the stakes are high, as they are allotted a window of only 60 days to land another job – or return to their home country. Currently, there are thousands of newly-unemployed tech workers on a ticking clock to find their next employment. And they’re searching for work amidst a pandemic-era slowdown of growth and a looming economic recession (i.e. the very same reasons their companies made the cuts in the first place).
Finding a new job in such short order is difficult in any circumstance, but this economic climate is particularly challenging, and for these workers, much rides on the outcome. They have built lives in the US; many have mortgages and are raising their families here. These newly unemployed H-1B visa holders face tremendous uncertainty as they search for new employment on a tight timeline while trying to learn what options may be available to them.
What are the options for people who have lost their H-1B jobs?
Various scenarios are possible, but since each case is unique, it’s wise to connect with an attorney well-versed in H-1B immigration issues to learn more about how to maintain lawful status and avoid legal consequences. If you are on an H-1B temporary work visa and have been terminated from your job, here are a few of the options you may be exploring:
Get a new job in the allotted time.
As stated above, there is a 60-day grace period for H-1B workers when employment—and therefore H-1B visa sponsorship—ends. Ideally, during this time, you are able to find another job, and your new employer can submit an H-1B petition for you, thus becoming your new visa sponsor. It’s heartening to see that in the tech world right now, many people are mobilizing to assist these laid-off H-1B workers by making introductions and sharing job leads.
Change to dependent H-4 status.
If you are married and your spouse is also working in the U.S. with an H-1B visa, you may file an application for change of status from H-1B to H-4 dependent status. This will buy you time to apply for work authorization as an H-4, and then get a new job.
Explore what other types of visas you may be able to use.
Other visas that may be available to you include:
- the O-1 visa for professionals at the top of their field, those deemed “extraordinary workers” in the fields of science, arts, motion picture, television, education, business, or athletics
- An E-1 visa or E-2 visa, available to citizens of certain treaty countries
- F-1 visas for students, including those pursuing a higher degree in a full-time academic program
- TN Visas, which may apply to Canadian or Mexican professionals
If you have accrued savings and don’t need to generate income right away, there’s the possibility that you can remain in the US by doing some non-work activities on a visa associated with a nonwork status, such as the B-2 Visitor visa . This isn’t a long-term option, but these visitor visas can keep you in the US while you sort out an H-1B or other work visa. Consult with an immigration attorney (on this and on all visa matters), as each visa comes with its own set of eligibility requirements and caveats.
Explore the possibility of a self-sponsored green card.
These are difficult to get, but it may be worth seeing if you qualify.
Return to your home country temporarily.
Depending on your circumstance, it could make sense to return to your home country to conduct your job search from there, allowing you to apply for another US-based job from outside the U.S. without any legal time restraints. If you take this option, note that you are eligible to receive the cost of your return transportation. If an H-1B employer terminates an H-1B worker, the employer must offer to pay for a flight to allow you to return to your home country or last country of residence abroad. If you leave the employer on your own, however, this requirement does not apply.
Next Steps: Help for H-1B Visa Holders
If you have experienced an H-1B layoff, we recommend consulting with an immigration specialist well-versed in H-1B visa policy to best understand the different courses of action available to you. Our team is made up of some of the best immigration attorneys in the country who can explain your legal options and help you with your H-1B visa status. Contact us today to hear more about how we can help.
