What to do if you are in the US on a work visa and suddenly lose your job

Thousands of IT professionals who have fallen under massive layoffs at major technology companies, as well as other foreign workers who have lost their jobs, may soon be forced to leave the United States, as they are in the country on a work visa. US Citizenship and Immigration Services (USCIS) reminds that the situation is not hopeless, and these workers have several options to stay in the United States.

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Layoffs in the tech sector exceeded 50 in November, according to the website Layoffs.fyi. The fact is that more and more large companies have decided to cut costs.

Technology companies are among the employers with the highest number of H-1B visa approvals, which are issued to professionals with higher education. Silicon Valley has relied on these visas for years to hire thousands of foreign workers in technical fields such as mechanical engineering, biotechnology, and computer science. Now, due to the attempts of companies to save money, many of these people are left without work, and therefore without visas.

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What can a US work visa holder do if they are fired from their job

1. 60 day grace period

U.S. law allows workers with an E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN visa to maintain their nonimmigrant status in the U.S. upon termination. This period lasts 60 calendar days or until the visa expires, whichever is shorter.

Workers who have lost their jobs can retain their status in the United States if a new employer files a petition on their behalf in a timely manner, requesting an extension of their stay in America on the same visa, but with a new employer.

You can also stay in the US if you apply for a change of status (to a different type of nonimmigrant work visa or other reason, depending on your situation) in a timely manner.

If you are unable to apply to change status or find a new employer, you must leave the United States after the 60-day grace period.

Rules for transferring from one employer to another

U.S. immigration rules allow workers who currently have H-1B status to start working for a new employer once they have properly filed a new H-1B petition with USCIS. There is no need to wait for the petition to be approved. For more information on transferring H-1B visa holders from one employer to another, see H-1B Specialty Occupations.

2. Status change

You can use the 60-day grace period to apply to change your nonimmigrant status. You can change your status to be your spouse's dependent (eg H-4, L-2). Some persons with dependent nonimmigrant status may be eligible for a work permit (spouses of nonimmigrants with E-1, E-2, E-3, or L-1 visas). In addition, some spouses of H-1B workers may be eligible for a work permit if certain requirements are met.

Other possible options for nonimmigrants include student status (F-1) or visitor status (B-1 or B-2). Remember that nonimmigrant visitors with B-1 and B-2 visas are prohibited by law from "doing skilled or unskilled work" in the United States. Some F-1 students may legally have limited work. Additional information can be viewed here.

Potential transition paths for STEM workers can be found on the page "US Job Options for STEM Professionals».

If you apply for an adjustment of status before the 60-day grace period expires, you will not be at risk of unlawful presence status in the United States while your application remains pending, even after the 60-day grace period has expired. If the application is eventually approved, then your status changes. If the application is denied, you will be considered unlawfully present in the United States the day after the denial is made.

Additional information can be viewed here.

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However, filing a change of status application does not in itself give you a work permit while your application is being processed, and it does not renew your work permit if you are no longer eligible due to a change in circumstances.

Some petitions may be eligible for expedited processing at an additional cost. fee.

3. Settlement of status

Some workers may be eligible to apply for an immigrant visa. For example, you can apply for the following visas: Extraordinary Ability, EB-2 National Interest Waiver, or EB-5 Immigrant Investors. But you must meet the criteria for their issuance, that is, for example, have extraordinary abilities or funds for major investments in the US economy.

While you are waiting for a decision on your adjustment application, you are generally eligible to remain in the United States and receive an Employment Authorization Document (EAD).

4. Departure from the USA

If you decide to leave the United States after being forced to leave, the reasonable costs of transportation to your last place of residence abroad must be borne by the employer who issued your H-1B or O visa.

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Once abroad, H-1B holders may continue to seek employment in the US for any remaining period of their H-1B visa. Those who wish to return to the US in a different status must complete the appropriate visa application.

All information on the issue of status after dismissal is available here.

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