Layoff guidance for individuals with H-1B visas during their 60-day grace period
In the event of a layoff for an H-1B visa holder, it's essential to act swiftly to ensure a smooth transition and maintain legal status in the United States.
The H-1B visa grace period, which allows workers 60 days to find a new employer, can be a stressful time. Those who fail to secure a new sponsor during this period face limited options. They may attempt to change their visa status, such as to a tourist or student visa, or prepare to leave the country, as staying without a new employer sponsoring the H-1B is not permitted under current U.S. immigration rules.
However, options do exist. Filing for a change of status or leaving and reentering with a new petition are possible routes, though no automatic extension beyond the grace period is provided.
Some workers have chosen to seize this opportunity to explore new horizons, relocating under digital nomad visa programmes while continuing their remote roles. This approach allows them to enjoy legal residency abroad and experience new cultures, all while maintaining their employment.
For those with strong achievements, there's an opportunity to pursue permanent residency through self-sponsorship. The EB-1A category, for extraordinary ability, and the EB-2 NIW, for exceptional ability or advanced degrees, are routes open to individuals who can provide organized evidence of their significant contributions in their field. This evidence might include endorsements, publications, or proof of significant contributions.
Lastly, for those with poor career prospects in the U.S., leaving the country can be an option. Many businesses still collaborate with remote workers, and countries like Estonia and Portugal offer digital nomad visas for remote online workers.
In conclusion, a layoff on an H-1B visa doesn't have to be a cause for panic. By acting quickly, individuals can navigate the grace period, explore new opportunities, and maintain their legal status, whether that means transferring their visa, shifting to a new status, studying, pursuing permanent residency, or venturing abroad.
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