What to Do When You’re Losing Your Job on an H-1B Visa

Losing your job while on an H-1B visa can be a stressful and uncertain time. The H-1B visa allows foreign workers to be employed in the U.S. in specialized roles, but it also ties your legal right to stay in the country to your employment status. If you find yourself in this situation, it’s important to understand your options and take action quickly to maintain your status and plan for the future.

Here’s a step-by-step guide on what to do when you lose your job while on an H-1B visa:

1. Understand the Grace Period

The U.S. Citizenship and Immigration Services (USCIS) provides a 60-day grace period for H-1B workers who lose their job. This means you can remain in the U.S. for up to 60 days after your employment ends, as long as you have not violated the terms of your visa. During this grace period, you can:

• Search for new employment: You can look for a new employer who will sponsor your H-1B visa.

• Prepare for a change of status: You can begin the process of switching to another type of visa, such as an F-1 student visa or a B-2 tourist visa.

• Plan to leave the U.S.: If you are unable to find new employment or change your status, you will need to make plans to leave the country within the grace period.

2. Notify Your Employer

Your employer is required to notify USCIS when your employment ends, but it’s still important to have clear communication with your employer to understand your situation. Be sure to ask if they plan to inform USCIS immediately or if they will wait until the end of your grace period. It’s essential to know the exact timeline of when your H-1B status will be affected.

3. Begin the Job Search

One of the most critical things you can do during your 60-day grace period is to secure a new job. In order to maintain your H-1B status, your new employer must file a petition for an H-1B transfer, which essentially transfers your visa from one employer to another. The process is similar to the initial H-1B application, but since you already hold the visa, there is no annual cap.

• Network actively: Reach out to your professional network, recruiters, and potential employers as soon as possible.

• Update your resume and LinkedIn profile: Highlight your skills and experience, and make sure your online presence is updated to attract new opportunities.

• Consider contract or part-time positions: While searching for a full-time job, you might be able to take on contract work that can help you stay employed and maintain your visa status.

4. Explore Other Visa Options

If finding a new employer proves difficult, you may want to explore other visa options that allow you to stay in the U.S. Some potential alternatives include:

• B-2 Tourist Visa: If you need more time to find a new job or figure out your next steps, you may be able to switch to a B-2 tourist visa. However, this visa will not allow you to work, and you must be careful not to overstay your grace period or violate the terms of your current visa.

• F-1 Student Visa: If you have the option to enroll in a U.S. educational institution, you could apply for an F-1 student visa. This would require acceptance into a full-time program and proof of financial ability to support yourself while studying.

• O-1 Visa: If you have extraordinary abilities in your field (in the arts, sciences, education, business, or athletics), you might qualify for an O-1 visa, which is another non-immigrant work visa.

5. Consult an Immigration & Employment Attorney

Given the complexities of immigration law and the potential consequences of not complying with visa regulations, it’s highly advisable to consult an immigration & employment attorney. They can:

• Help you understand your legal options.

• Help you to negotiate with the employer who fired you.

• Guide you through the H-1B transfer process or other visa applications.

• Advise you on maintaining your status and minimizing any risks to your ability to stay in the U.S.

An attorney can also help you navigate the nuances of extending your grace period or adjusting your status, ensuring that you make informed decisions throughout this uncertain time.

6. Understand the Consequences of Overstaying

If you are unable to find a new job or switch to another visa before your 60-day grace period expires, you will begin to accumulate unlawful presence in the U.S. Overstaying your visa can result in serious consequences, including:

• Bars on re-entry: Depending on how long you overstay, you could face a bar from re-entering the U.S. for several years.

• Difficulty with future visa applications: Any violation of U.S. immigration laws could make it more difficult for you to apply for visas in the future.

To avoid these penalties, it’s crucial to take timely action and either leave the country or change your status before the grace period ends.

7. Consider Returning Home

If you are unable to find another employer or transition to another visa within the grace period, you should plan to leave the U.S. and return to your home country. It’s important to maintain your visa record clean to ensure that future visa applications are not jeopardized. Returning home may also give you the time and space to regroup, plan your next move, and explore opportunities abroad or with companies that are willing to sponsor your visa for future U.S. employment.

Conclusion

Losing your job while on an H-1B visa can be a challenging experience, but with the right planning and proactive steps, you can minimize disruptions to your immigration status. Whether it’s finding a new employer to sponsor your visa, transitioning to a different visa category, or preparing to leave the country, it’s essential to take quick action within the 60-day grace period. Consulting with an immigration attorney can be a critical step in ensuring that you are fully informed and in compliance with U.S. immigration laws throughout the process.