Laid-Off As An H1B Visa Holder? Here’s How To Fix That

Stories about layoffs currently dominate the international market. It is unfortunate since it impacts many talented people in the tech sector. Elon Musk’s Twitter was where the unpleasant and gloomy era of layoffs started, and it quickly spread to other major tech companies like Microsoft, Meta, Intel, and Amazon, to mention a few. Employees who have been laid off, in particular those on H-1B visas, are the most affected because they only have 60 days to locate new jobs. As the clock is ticking down as the days go by, worry about their stay, particularly their employment is keeping them up at night. However, you need not fear because you have come to the right blog and we will discuss how to fix the issue of laying off and your possibilities. Continue reading to learn more about it.

Layoffs and Economic Downturn

Since the second half of 2022, massive layoffs at major giants have been making headlines, and it appears that things are only just about to get worse. People who have worked in the system or industry for a while are well aware of why such situations arise, but the news may frighten students who hope to study or work overseas in the near future and are probably asking how such problems can be resolved.

Let us first understand why layoffs take place.

The answer is simple and straightforward, layoffs are a company’s go-to emergency plan when revenues of its goods and services decline. Unfortunately, employees are the first to go when expenditures need to be slashed. The sector’s excessive hiring can be attributed to the layoffs in significant part. Between 2019 and 2021, the top five businesses—Facebook (Meta), Apple, Amazon, Netflix, and Google (Alphabet), collectively known as FAANG—increased their staff by more than 80%.

Also Read: How to Apply for Visa?

What Are H1-B Visa Terms and Conditions?

Highly skilled professionals in specialized disciplines including information technology, finance, engineering, architecture, and accounting can be hired by US firms with an H-1B visa. However,  If an individual is laid off, they have 60 days to find new employment, or they must return to their home country and leave the United States. In light of this, if the candidate’s work ends on the weekend, you have up to 60 days to find a new employer that will submit an H-1B petition on his behalf, change their status, or depart the country. One must continue to work and be paid a salary as stated in the employer’s H-1B petition in order to keep your H-1B legal status.

There has been an increase in job seekers as a result of the recent layoffs of these visa holders at major tech companies. Another issue that unemployed H-1B visa holders deal with is the fact that many businesses slow down their hiring procedures over the holiday season, which can be problematic for those whose family is in the United States or whose children are in school. The time limit feels like a bomb that is constantly ticking in such a situation.

Must Read; What is a Student Visa and How to Apply?

H1-B Laid off Grace Period

The H1-B laid-off grace period is 60 days. The individual must find a job in this grace period of 60 days or else leave the country.

Tips for Surviving Under Such Circumstances

Here are some actions that a candidate should take as soon as they learn they are being laid off. When a candidate who has been laid off submits the petition on “Day-60,” the situation becomes even riskier. An immediate step would undoubtedly be the wiser course of action in order to resolve the situation in the stipulated amount of time.

• In order to determine whether you qualify for any other visa status while you hunt for a job, the first and most important step would be to speak with an immigration attorney. However, this may take some time. Don’t wait for 60 days; instead, apply for positions immediately and try to land a new job within the next 45 days. 
• It would be a sensible idea to talk to potential employers to take advantage of the savings and discounts on visa applications that the government offers for firms that are hiring applicants under this (H-1B) category.
• People without any obligations to their families should consider seeking employment worldwide. If an H-1B employee is laid off and unable to locate employment, they may submit an I-539 application to alter their status to B-2. In simple terms, this visa is a tourist visa that temporarily frees the applicant from immigration hassles. However, because they are unable to work in the US, they are still required to have sufficient savings to support themselves.
• The spouse of the candidate may prolong their stay in the nation under H-4 status if they have a valid H-1B visa. This would give them enough time to seek work permits and find new jobs.
• Many individuals who are interested in attending college on an F-1 visa and who intend to pursue some certification or diploma work may do so. There are some affordable universities that permit this. 
• The only thing people can do is maintain a strong network of future employers and place their resumes with reputable recruiting firms so they never have to hunt for a job when it’s too late and can move even before they feel their job is in danger.
• It’s a good idea for individuals to continually advance their skills since those who do so will be more likely to find employment than those who operate with outmoded technology.

Also Read: US Visa Types

H1-B Approved but Laid-off

If the individual has an H1-B visa but was laid off they need not worry and they get a grace period of 60 days which can be extended to 6 – months for laid-off employees. However, this process could be a tedious process that could take a lot of time.

Layoffs of H1B immigrants are more common than ever in a volatile economy. Do not become anxious if you lose your job and your H1B status. To keep your legal status in the country, work to locate a new job as soon as you can and abide by the aforementioned rules. It is crucial to take prompt action after carefully examining your unique circumstances in order to prevent difficulties. Reach out to our professionals at Leverage Edu for help and to help realise your ambition of receiving an education abroad.