By: Angelita Chavez
Non-immigrant workers in the United States on an H-1B visa are reliant on their employers to maintain legal status in the country. As tech companies, like Twitter and Meta, continue to downsize, many non-immigrant workers may be left without a sponsor and have trouble finding a clear legal path to remain lawfully in the United States. Such employees may have little resources to find alternate options, with many having to return to their home countries.
During the pandemic as more users turned to social media to stay entertained, tech companies like Meta and others hired aggressively to keep up with the surge in demand. However, over the last year Meta has conducted mass lay-offs. These lay-offs are expected to disproportionately impact H-1B workers who are dependent on their employer to maintain their H-1B status.
An H-1B visa is a nonimmigrant visa category that permits an employer to sponsor a foreign national to temporarily work and live in the United States with a maximum peroid of six years. H-1B visas are granted to workers employed in specialty occupations, and cap at 65,000 new visas each fiscal year. H-1B visas can only be filed on the behalf of an employee by an employer and serve to fill a current open position in the sponsoring company. H-1B workers are generally limited to working for the employer that sponsored them.However, in some cases employees looking to work two positions may be granted a concurrent H-1B with the second company sponsor.
H-1B visas are temporary visas and before their max period ends, the H-1B employee must find another visa option or qualify for permanent resident status in order to remain in the United States.
Once laid off, most H-1B visa holders have a 60-day grace period to find a new employer willing to sponsor them, file for another visa/change of status, or leave the United States.
Finding a new employer may prove to be difficult as more tech companies downsize. However, finding a new employer is an option for those that qualify. Once an H-1B recipient receives an offer from a new employer, that employer must file a petition to transfer the employee within the 60-day grace period, becoming their new sponsor.
Applying for a different temporary visa such as a dependent H-4 visa or F-1 student visa may also be possible if the applicant meets all the requirements., . For example, if an individual is married to another H-1B recipient who is still employed, they may file a change of status to H-4 dependent. An individual can also file to change their status to F-1 student if they are enrolling in a qualified college or university and plan to continue their course of study in the US.
The 60-day grace period for laid off H-1B non-immigrant workers moves incredibly fast, and it is essential to receive proper guidance based on your individual circumstances. Always discuss possible immigration options with an experienced immigration attorney.
For more information, individuals in the United States on an H-1B visa who have recently been laid-off should contact a trusted Chugh, LLP Immigration attorney.
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