Thousands of job layoffs Oracle This has triggered new concerns for U.S. H-1B visa holders.
In a notice filed under the Worker Adjustment and Retraining Notification (WARN) Act, Oracle announced late Tuesday that it would lay off 491 workers working remotely in Washington state and its Seattle facility, effective June 1.
The scale of layoffs worldwide could reach tens of thousands, adding to anxiety among foreign workers whose U.S. residency is directly tied to their employment.
According to USCIS guidelines, key factors H-1B worker Being in a layoff like this is the right time. In most cases, after a layoff, they have a grace period of up to 60 days, or until the end of the authorization period, whichever is shorter, to take action to legally remain in the United States.
Read more: H-1B visa registrations ‘down’, but some companies benefit from tighter visa rules
Options for H1B visa workers after they are laid off
Transfer H-1B to new employer
As mentioned above, laid-off workers have a 60-day grace period during which they can find new jobs and transfer their visas.
According to the Office of Immigration Law Los Angelesif you are laid off, you must speak with our H-1B transfer attorneys immediately to review your options for changing employers.
H-1B portability has the practical advantage that if a frivolous petition is properly filed, the portability statute may allow work with a new employer provided the case meets legal requirements.
This eliminates the need for workers to wait for final permission before returning to work. Therefore, according to the Los Angeles Immigration Law Firm, applicants can usually start working with their new employer immediately
Change visa status
If you cannot find an employer to sponsor your H-1B transfer, you may be able to find employment through a different work visa.
If you can speak with an immigration attorney over the phone, you can have your adjustment-of-status eligibility evaluated fairly quickly.
Deel said immigrant workers have several options, including changing their visa status to an H4 dependent visa, an H-1B spouse visa, an O1 visa (if you are a startup owner or founder) or an E-1 or E-2 visa (for nationals of certain treaty countries).
Change work visa to non-work visa
If you have some funds and don’t need to make money right away, you can stay in the U.S. by engaging in non-work activities with a visa that allows you to stay in the U.S. without a job.
According to Deel, there are two options for this type of visa, including the B-1 or B-2 visitor visa categories or the F-1 student visa category.
These visas can provide short-term stability while you choose your next move, but are not suitable for long-term stay.
Read more: NRI on H-1B risks losing U.S. home after flying to India to care for sick mother
Pursuing the Green Card Pathway
Workers with an approved immigration petition (I-140) may be eligible to adjust their status to obtain permanent residence.
Deel said H-1B workers who have established solid careers in research, leadership, entrepreneurship or any other professional field could qualify for a self-funded green card without employer requirements if the applicant has sufficient funds at their disposal.
The two main pathways are EB-1A for exceptional ability and EB-2 NIW for exceptional ability.
Leave the United States and re-enter later
Diehl said leaving the United States is sometimes the best option.
In many cases, leaving the United States makes sense, although it may not be a practical or preferred option for many. Once you leave the United States, you are not legally obligated to immediately look for your next job in the United States.
