H1B Layoff victim? Avoid panic. What Should You Do?
Nothing is more heartbreaking than receiving a 60-day layoff notice from your employer – especially if you’re in the middle of the H-1B visa sponsorship process
Thousands of highly-skilled workers come to the United States every year on H-1B visas. The visa allows these workers to live and work in the U.S. for up to six years, with the possibility of renewing it for an additional three years.
H-1B visa is a great opportunity for highly qualified foreign workers to come to the US and work in their fields of expertise. However, when layoff notices hit the fan, visa holders can find themselves in a difficult spot.
The good news is there are several steps you can take if you’re laid off while on an H-1B visa to help ease the stress and get back on your feet.
So, if you’ve been laid off and are an H1B visa holder, you may be feeling a range of emotions right now. Panic and anxiety are probably at the top of the list, but don’t worry – you’re not alone. This guide will help walk you through what to do next.
What is the H-1B 60-Day Notice Period?
The H-1B 60-day notice period is a requirement of the H-1B visa that states that visa holders must be given at least 60 days’ notice before being laid off.
The 60-day notice period gives H-1B visa holders time to find a new job or make arrangements to leave the country.
If you’ve been laid off and are on an H-1B visa, you may be wondering if your employer is required to give you the 60-day notice period. The answer is yes – if your employer plans to lay you off, they must give you at least 60 days’ notice.
However, there are some exceptions to this rule. If your employer can prove that they had to lay you off for “bona fide business reasons,” then they may not be required to give you the 60-day notice period.
Examples of bona fide business reasons include:
- The company is going out of business.
- The company is closing the location where you work.
- Your position has been eliminated due to downsizing.
If your employer lays you off for any other reason, they must still give you the 60-day notice period.
Victim of An H1B Lay-off: What You Should Do?
Every situation is different, but there are some general steps you can take if you’ve been laid off and are on an H-1B visa.
This may seem easier said than done, but it’s important to try to stay calm. Losing your job is never easy, but it’s important to remember that you’re not alone.
There are thousands of other H-1B visa holders in the same situation as you. And, while it may be difficult, try to remember that this is not a reflection of your worth as a person or an employee.
And, while it may be difficult, try to remember that this is not a reflection of your worth as a person or an employee. With the right attitude, you will be able to find another job.
Talk to your employer:
If you’ve been laid off, the first thing you should do is talk to your employer. Find out why you were laid off, and see if there’s any way you can stay with the company.
It’s also important to ask your employer about your H-1B status. If your employer is planning on sponsoring your H-1B visa, they may be able to transfer your visa to another company. And, if your employer is not planning on sponsoring your H-1B visa, they may be able to help you find another job.
So, even though it may be difficult, it’s important to talk to your employer about your situation.
Talk to an immigration attorney:
One thing that most people forget is that they can talk to an immigration attorney about their H-1B status. An immigration attorney will be able to tell you what options are available to you and can help you navigate the H-1B visa process.
With so much at stake, it’s important to seek out professional help if you’ve been laid off and are on an H-1B visa. So, don’t hesitate to reach out to an immigration attorney today.
Start looking for a new job:
No matter what, you’ll need to start looking for a new job. If you have the 60-day notice period, you can use that time to look for a new job.
With the H-1B visa, you can only work for the sponsoring employer. However, you may be able to transfer your visa to a new employer. So, if you find a new job, be sure to ask about the possibility of transferring your visa.
Consider transferring your H-1B visa:
If you can’t find a new job, you may need to transfer your H-1B visa to another employer. The process of transferring an H-1B visa can be complicated, so it’s important to talk to an immigration attorney before you take any action.
And, even if you do transfer your H-1B visa, there’s no guarantee that you’ll be able to stay in the United States. So, you may need to start making plans to return to your home country.
Make plans to leave the United States:
Hope for the best but prepare for the worst. If you can’t find a new job or transfer your H-1B visa, you may need to leave the United States.
This can be a difficult decision, but it’s important to remember that you have options. You can always return to the United States at a later date, either on another visa or through the H-1B visa lottery.
No matter what, it’s important to stay calm and seek professional help if you’ve been laid off and are on an H-1B visa. There are options available to you, but it’s important to explore all of your options before taking any action.
So, don’t hesitate to reach out to an immigration attorney today. They can help you navigate the H-1B visa process and can help you find a way to stay in the United States.
Considering lay-off candiates in mind, H1BTalents introduced a new function where candiates can mark themselves as lay-off candiates on their resume. This will provide more visibility to the recruiters who are looking for the potential talents available at once, and the candidate can benefit even more quickly to get the job.—–