Layoffs in the United States are on the rise, with several of the country’s leading tech businesses announcing job cuts. Many H-1B visa holders working in such technology and other non-tech companies may find themselves in the soup after losing their jobs.
Aizada Marat, Founder of Alma Immigration, in an X post writes, “For anyone on an H-1B affected by this, the clock starts immediately – you have 60 days from your last day of employment to secure a new H-1B employer, or to change to a different immigration status. And if your I-94 expires before the H-1B 60-day grace period window closes, your timeline could be even shorter.”
According to the H-1B visa rules, if a nonimmigrant worker’s employment terminates, either voluntarily or involuntarily, they must leave the United States within 60 days or when their approved validity period expires, whichever is shorter. However, the stay can be extended provided they have filed an application for a change of non-immigrant status or an application for adjustment of status within the 60-day grace period.
However, there are a few options that H-1B visa holders may explore before leaving the US to return to their home country.
You might be hired by a new US employer if your H-1B visa status is still valid. The good news is that the new employer will not be asked to pay the recently implemented $100,000 petition fee. F-1 students and H-1B visa holders, who are out of a job, but currently in the US, are exempt from the $100k fee.
“If your spouse is in H-1B status, switching to H-4 is an option that can buy stability while you figure out next steps. If your spouse is on H-1B status and has an I-140 approval notice, you could be eligible to apply for H-4 EAD work authorization,” suggests Marat.
Another option is to apply for a B1/B2 visa. Some immigrant attorneys suggest opting for a B-1, Visitor for Business, or B-2, Visitor for Tourism, for H-1B workers after losing a job. For this, one may use Form I-539 for extending their stay or changing to another nonimmigrant status. Form I-539 may also be used if you are a nonimmigrant F-1 or M-1 student applying for reinstatement.
You must file a Form I-539 to “bridge” any gap between the expiration of your current status and the start of the validity of your future status.
Individuals can file Form I-539 to change their status to B-2 visitor, allowing them to stay lawfully in the U.S. while managing personal affairs and job searching. If a new employer later submits Form I-129, the person may change their status back to H-1B. The Form I-129, Petition for a Nonimmigrant Worker, may be used by the petitioners to file on behalf of a nonimmigrant worker as an H-1B or certain other visa holders.
Take necessary steps ahead of time, regardless of the path you choose. The 60-day grace period is discretionary, and one must clearly establish the reasons for an extension or change of status after losing a job while holding an H-1B visa.