Laid-off While on H-1B Visa? Here is What You Can Do

"I joined Twitter with absolute excitement in September, 2022. Barely two months later, here I am – part of the 3,500 people laid off at Twitter, on an H-1B visa, with a few months to sort things out, or pack up, and go back," reads Balaji Bhasker’s LinkedIn post.

Like Balaji, the future of many foreign nationals who entered the US on H-1B visa, hangs in the balance as major tech companies continue to lay off a large chunk of their workforce. 

Over 60,000 Indians working in the US have lost their jobs this year, most of them on H-1B visas. Meta alone laid off around 11,000 of its employees.

H-1B visas allow foreign nationals with specialised skills to enter the US and take up a job there. Predominantly issued to individuals in the tech industry, the visas are linked to the specific employer that sponsors them. H-1B holders are only legally allowed to be in the US for 60 days without being paid. In such a scenario, what are the options they have?

Use your grace period wisely 

After being laid off on an H-1B visa, the individuals have a grace period of 60 days. One must ensure that they utilise the period wisely. 

Aishwarya Srinivasan, data scientist at Google Cloud AI, said, "Confirm what your last day on the payroll is and confirm what your new employment deadline for H-1B is. According to most lawyers, your 60-day grace period starts exactly after you're notified of your layoff; however, it's a grey area. Some cases are being made for your last payday, being the start pay of the countdown. Either way, talk to the immigration lawyer at your company and get clarity on what the deadline is."

Once you know the deadline, start hunting for jobs. However, it's key that you don't apply blindly, because it will only increase your rejection rate. Srinivasan believes it is one of the worst mistakes you can commit. "Instead, use that time wisely. I know it might seem

counterproductive; however, my opinion is to apply in a targeted fashion rather than blindly for any available roles," she added. 

If you find a job within the 60-day grace period, you can apply for a fresh H-1B visa and continue to work during the grace period. 

https://www.youtube.com/watch?v=6bjqLKwpZbY

Explore other Visa options

Depending on the time of your layoff, one option you can explore is enrolling in an academic programme. If you manage to enroll in a programme, apply to change your visa from H-1B to F-1( student visa). 

A student visa will allow you to acquire new skills and, at the same time, keep you in the country. If a student visa is not an option, you can apply for a B-2 (tourist visa). This is the option most of them explore in case of a layoff.

However, even though a B-2 visa will allow you to stay in the country a bit longer, it could be problematic because a B-2 visa is meant for tourists only. Also, upon expiry of the visa period, most certainly, you will have to make a trip back home. However, the processing time for a change in the status of your Visa from H-1B to B-2 is quite long, almost a year in some cases.

Third, if you have a partner who is on an H-1B and is currently employed, you can apply to change your visa status from H-1B to H-4 dependent. Once you have an H-4 visa, it means you can stay in the country as long as your partner does. This will buy you ample time to find and apply for jobs best suited for you.

Other immigration options

When staying in the US is no longer an option, you can always move back to your home country. You can continue to look for jobs in the US from your home country. Srinivasan says, "You can also look at options like moving to Canada or India. Although this is probably the most dreaded option, there are many ways to return to the US."

Canada is welcoming foreign nationals in the tech and IT sector to work in the country under its Temporary Foreign Worker Programme. In fact, the Canadian Global Talent Stream was set up to facilitate the growth of Canada's tech industry and process applications within two weeks from filing.

Meanwhile, applying for a job in India might not seem desirable, but the tech landscape in India is growing significantly, and these are interesting times. "With all the 2022 tech layoffs in the US, please spread the word to remind Indians to come back home (especially those with visa issues) to help Indian tech realise its hyper-growth potential in the next decade," Harsh Jain, co-founder, and CEO of Dream11, said.