Losing a job in the United States can significantly impact foreign nationals on H-1B or L-1 work visas, as it may trigger a time-sensitive need to secure new employment or alter their immigration status.
Losing employment in the United States is difficult for anyone, but for foreign nationals on H-1B or L-1 visas, it presents unique challenges. Their legal status is directly tied to their jobs, meaning job loss can start a countdown to finding a new position or changing immigration status before they fall out of lawful presence. Legal experts stress the importance of swift and strategic action during this crucial period.
Under U.S. immigration regulations, H-1B and L-1 visa holders are typically provided a 60-day grace period following the termination of employment. This grace period begins the day after one’s last working day, not the final date of receiving payroll or severance benefits. During these 60 days, affected individuals have the opportunity to secure new employment, enabling a new employer to file a visa transfer petition, or they can request a change in immigration status. It is crucial to note, however, that remaining on paid leave or severance does not equate to maintaining a valid visa status, a misunderstanding that frequently surprises people.
Attorneys recommend taking definitive steps by no later than 45 days into the grace period. Transferring an H-1B to a new employer requires a certified Labor Condition Application (LCA) from the Department of Labor, and this process can take up to a week. Delaying the start of this process risks exceeding the grace period. If a new job offer is not secured by then, individuals are advised to apply for a temporary status, such as a B-2 visitor visa, to avoid falling out of status before the deadline.
In some instances, visa holders might be eligible for completely different visa categories. Individuals with substantial financial resources could consider the EB-5 investor visa, which allows applicants to gain permanent residency by investing at least $800,000 in a qualifying U.S. project. The program also facilitates concurrent adjustment of status, permitting the individual to live and work in the U.S. while their green card application is pending approval. Alternatively, enrolling in school and switching to an F-1 student visa could be an option, though this route carries inherent risks. Immigration attorneys caution against programs offering “Day One CPT,” which face increasing scrutiny and may affect future visa or green card eligibility. Only enrollment in reputable, accredited institutions is considered safe.
Another potential pathway is switching to dependent status. If an individual’s spouse maintains valid H-1B or L-1 status, an application for an H-4 or L-2 visa, respectively, may be possible. This change can provide more time in the United States to find employment or plan subsequent steps, although re-entering the workforce will likely necessitate a new petition and, at times, consular processing outside the U.S.
The situation presents additional challenges for L-1 visa holders. The L-1 visa is company- and position-specific, preventing workers from easily switching employers unless the new company is a qualifying affiliate that files a fresh petition. If no internal transfer is possible, individuals must either change to a different nonimmigrant status or leave the U.S. before the grace period concludes.
Those in the process of obtaining a green card through their employer, particularly those in the PERM labor certification phase, may also find their application jeopardized by a job loss. A new employer willing to restart the process is typically required for the green card application to proceed. Workers approaching the end of their sixth year in H-1B status and awaiting green card-related milestones should seek early legal intervention to explore alternative strategies.
While job loss can initially seem like a sudden dead end for foreign workers, immigration attorneys emphasize the existence of viable pathways forward if quick action is taken. Understanding the grace period, exploring alternative visa options, and consulting legal professionals can make a significant difference in retaining the opportunity to live and work in the United States.
The NPZ Law Group, which specializes in immigration and nationality law, advises foreign workers to seek legal counsel immediately after losing a job to plan tailored options effectively.
Source: Original article