Many tech companies like Meta, Twitter, and others have begun to slash their workforce as they fear a downturn in the economy. Layoffs are difficult for anyone to deal with, but it’s especially difficult for those on a work visa. This can jeopardize families from staying together, dreams of what can be accomplished, and legal rights in The United States. Many tech giants rely heavily on immigrants for their exceptional capabilities and specialties.
What happens to my visa when I get laid off?
You’re considered “out of status as soon as you lose your job.” The visa requires the individual to be actively employed (this also applies to most work visas such as L, O, H, and TN categories). Once laid off, the employer will file a withdrawal of the work visa petition with U.S. Citizenship and Immigration Services (USCIS). Government officials are alerted immediately, but it doesn’t mean you immediately have to leave. Most employees at a tech company are on an H-1B Visa, which means they have 60 days to either leave the U.S. and return home, find a new company to sponsor their visa, or change their status to a different visa.
What happens if I can’t find work during the 60 days?
If you’ve actively looked for work, interviewed, and been unable to find a new sponsor then generally the only options are to return home to your country or change your status with a new visa. Applying for a new visa is a trickier route, but there are options. These include:
Dependent Spouse
If you’re relying on your spouse who has an H-1B visa, then you may be able to apply for an H-4 visa that allows employment authorization as well. It is imperative to seek the advice of an immigration attorney for this type of visa, especially if you believe you qualify.
O visa:
These are for professionals with extraordinary abilities and are at the top of their field. The requirements are tougher but do not require a labor certificate from the Department of Labor
B-1/B-2 Tourist Visa
This can help extend your stay up to 6 months and can keep your status during the approval process. However, if it’s not approved, you will only have 30 days to leave the country before being considered unlawful in the U.S.
Student Visa
You can apply for a student visa and become accepted to an accredited program to continue your studies in the U.S.
U.S. Citizen Adult Child
If you have an adult child that is a U.S. citizen and 21 years old or older then you may be able to adjust your status to a green card through being an immediate relative.
Marriage-based Green Card
If your spouse is a U.S. citizen or a green card holder, pursuing a green card through this route is possible. You can also pursue this through a fiancée Visa (K-1 Visa) as well. It would be important to talk with an immigration attorney to see how you might qualify.
Overall, if you lose your job with any work visa, there are options to remain lawfully in the United States. The above list is not a complete list of options and an immigration attorney can work with you to make sure you can avoid removal proceedings and a deportation order if possible. Speaking with an immigration attorney promptly can make a huge difference in options, as it can mean filing before deadlines and understanding the easiest path forward.
Comments