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What Happens If You Get Laid Off on H-1B?

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Many H-1B visa holders have found themselves out of a job with the massive tech company layoffs. But what happens when an H-1B visa holder loses their job? The answer lies in understanding the implications and legalities of the H-1B visa.

H-1B Visas & Layoffs

The H-1B visa is a temporary, nonimmigrant work visa that allows foreign citizens to live and work in the United States for up to six years. It’s typically used by employers who want to hire and retain specialized workers, such as engineers, computer programmers, and medical specialists.

If an H-1B visa holder loses their job due to layoffs or any other reason, they must find another employer to sponsor them for a new visa within 60 days of becoming unemployed to stay in the United States legally. Otherwise, they will be considered “out of status” (in violation of immigration law) and may be required to leave the country immediately.

Getting a New Sponsor

Getting sponsorship from another employer can be difficult during a period of layoffs. However, it’s not impossible if you are qualified in your field and possess the necessary skills employers seek.

Additionally, there are certain circumstances where you can extend your working visa even after losing your job. For instance, if you can prove that you are actively searching for new employment and are likely to find it soon, you may be eligible for an extension on your current visa until you can secure a new position.

Seek Legal Guidance

It's important for those with an H-1B visa to understand their options if they suddenly become unemployed due to layoffs so they can remain legally in the US while looking for a new position. If you would like to apply for an extension for your H-1B visa after being laid off, our team at Akula & Associates P.C. is here to help you. We have the knowledge, skills, and experience needed to help you reach your immigration goals.

Contact our team today at (844) 299-5003 to schedule a consultation!