3 Things You Need to Do Right Now if You’ve Been Laid Off on an H-1B Visa

Experiencing a layoff from a job is stressful, but even more so if you are in the United States on an H-1B visa.

This month, Meta announced a layoff of 11,000 workers, followed by Amazon’s announcement that 10,000 more workers will lose their jobs in the coming week.

H-1B workers who experience a layoff will have a 60-day grace period to find another employer or be faced with leaving the country. While immigration professionals around the country are offering creative solutions for foreign nationals to stay in the country, foreign nationals should be cautious.

H-1B workers who experience a layoff will have a 60-day grace period to find another employer or be faced with leaving the country. While immigration professionals around the country are offering creative solutions for foreign nationals to stay in the country, foreign nationals should be cautious.

The U.S. visa and immigration process is managed by two different U.S. Government agencies—USCIS, which handles all issues in the U.S., such as change of status paperwork, and the State Department, which conducts visa interviews overseas to determine if you’re eligible for another visa stamp. Any visa strategy after a layoff should take into consideration how to navigate and satisfy the requirements for both agencies.

Some recommendations by an immigration attorney may meet USCIS standards, but may present problems at your next visa stamp interview. Here’s where our team of former Visa Officers can help you successfully plan for future visa success, despite a layoff on your H-1B visa.

The first thing you should do is stay calm, and assess your options for finding another H-1B employer.

Despite the wave of layoffs, many technology companies are still looking for qualified talent. U.S. immigration attorney Sophie Alcorn of Alcorn Immigration, an Argo partner, recommends receiving a signed offer around day 33, and leaving at least 3 weeks to prepare the change of employer petition, per her interview with TechCrunch. Secondly, as you are pursuing a new job, have a back-up plan for what you should do in case you can’t find a new H-1B employer.

Hope for the best, but plan for the worst. Be wary of “innovative” solutions to staying in the country, especially recommended by someone who has never been a Consular Officer. Whatever backup plan you have, it is best to book a strategy session with a former Consular Officer to determine whether or not your plans will make sense at your next visa interview. Every individual’s situation is different, so it is best to have a one-on-one customized session to walk through your own circumstances and plans.

Third, always take a long view when it comes to U.S. visas and immigration. There is something much worse than needing to leave the country and return when you have a new job. Sometimes it is not worth the risk to stay in the country for a few extra months only to mean that you will have future problems getting your U.S. visa approved.

Talk to a former Consular Officer for the best strategy that meets the State Department’s requirements. Click here to book a strategy session with a former Visa Officer today. You can even invite your immigration attorney to the session!