Over a month after an H-1B employee in the US was hit with devastating news that flipped their professional life upside-down, they finally voiced their qualms on social media. Taking to Reddit, the person informed fellow non-immigrants, who may be in the country thanks to a work visa, that they randomly received an email from the US Citizenship and Immigration Services (USCIS) saying that their status was “automatically revoked.”
As per the Reddit post, titled “Received revocation notice by USCIS prior to being notified by employer (question about bona fide termination),” the user shared that they got the shocking email on July 11. Further detailing their case, the Redditor alleged that they were never intimated by the mid-sized, San Francisco-based company before the much-dreaded email came into their inbox.
H-1B employee laid off without warning, USCIS says status revoked
“Been there for 2.5 years. I immediately contacted HR but it was a Friday evening so everything was very confusing,” they wrote on the online forum. The H-1B employee, claiming to be married to a US citizen while their I-130 is in progress, said that their HR exec eventually told them to “check in to work on Monday.” In a follow-up response in the comments thread, the person also seemed to confirm that their I-485 is already filed.
Subsequently, the company’s immigration lawyer was also brought in, resulting in the response, “hold off until Monday when we clear things up.”
However, when nothing happened on Monday, the following day the employee was simply informed that their employment had been terminated. “I don’t have a problem with being laid off per se,” they added in the post, eventually posing questions about whether what had happened to them could be classified as a violation of legal terms.
Received revocation notice by USCIS prior to being notified by employer (question about bona fide termination)
byu/squishyjustice inh1b
“Did my employer violate anything by not informing me BEFORE informing USCIS?” they asked, sharing a Tafapolsky & Smith LLP (tandslaw.com) blog that suggested otherwise. “Not sure which attorney to call? Is this immigration or labor? What’s my recourse? I’m guessing there must be a channel to file a complaint with the DOL,” they concluded the post.
What is I-130? Understanding US immigration terminology
According to the official USCIS website, submitting Form I-130, i.e. the ‘Petition for Alien Relative’ is considered the first step to boost an eligible relative’s chances of immigrating to the US and apply for a Green Card. Authorities further state, ” If your relative is already in the United States and an immigrant visa is available, they may be eligible to apply for their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.”
As far as terminating an H-1B-holder goes, tandslaw.com details an employer’s legal obligations, stating there was no legal requirement for the employee being provided with an “advanced warning regarding their termination or provide a severance period.” However, the H-1B employee must be notified about the termination in writing. Moreover, the records associated with the written termination should be retained.
The blog lays down the three must-do steps an employer needs to take care of while terminating an H-1B employee. The first one may be the most obvious one, but it makes it all the more crucial to be followed. A written communication about the termination – from the employer to the employee – must be relayed to avoid legal liability.
As per the USCIS regulations at 8 CFR 214.2(h)(11)(i)(A), employers must thereafter “immediately” inform the government agency of any changes in the employment status, as it may impact their H-1B eligibility.
Lastly, if the H-1B beneficiary is terminated before the end of their official period of stay, the USCIS regulations at 8 CFR 214.2(h)(4)(iii)(E) state that the employer is liable for “reasonable costs of return transportation” of the foreign national to their last place of foreign residence. And so, the employer must also offer to pay for the international individual’s return aboard following their employment termination.
What can nonimmigrant workers do after employment termination?
To prevent any confusion, the USCIS clearly states that a nonimmigrant worker facing employment termination (voluntary or not), can rely on a number of actions, if eligible, to remain in the country for a period of authorised stay. These include:
- File an application for a change of nonimmigrant status
- File an application for adjustment of status
- File an application for a ‘compelling circumstances’ employment authorisation document; or
- Be the beneficiary of a nonfrivolous petition to change employer
Reddit community speaks out; clarity offered
“This says more about the company than it does on you,” a user commented on the post under the H-1B sub-Reddit. “Terminating your h1b without actually talking to you first. I doubt you have any recourse, I’d just move on really.” As the person further hoped that the original poster had filed an I-485 Form, the impacted employee replied affirmatively.
Another wrote, “Quite surprising USCIS sends a revocation notice that quick and that too via email to the beneficiary. We heard USCIS informs the employer via SNAIL MAIL if the employer revokes the previously approved H-1B.”
They also went on to ask the Redditor if they were sure their “employer initiated this or USCIS automatically revoked this.” The H-1B employee revealed that they had a copy of the revocation notice, stating that their employer withdrew their petition.
The user also popped the question: “If your employer had initiated this, how you continued working beyond July 11?” The OP, who goes by ‘squishyjustice’ on Reddit, responded: “That’s the curious part where I’m trying to figure out if they violated anything. I think there’s some internally HR didn’t communicate well with each other.”
Multiple commenters also hoped for the OP to spill the company’s name and “shame” them. “If possible share company name, so people can avoid companies with no moral and ethical responsibility,” someone chimed in. “Utterly pathetic for them not to consider immigration challenges esp when they made a conscious choice to hire an immigrant.” However, the big question of the lot remained unanswered.
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