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What happens to your H-1B visa after a layoff?

On Behalf of | Dec 24, 2021 | Immigration Law

Skilled professionals can enter the United States with an H-1B visa. An H-1B visa can also help someone’s immediate family. Spouses and unmarried children under the age of 21 can apply for subordinate visas and travel with a worker entering the United States for their career.

Many workers who secure an H-1B visa will renew their visa and may eventually qualify for a green card. They could continue working for the same company or eventually move on to a new job. Sometimes, they even start their own businesses once they become naturalized citizens.

Entering the country with an H-1B visa could be your first step toward citizenship. Unfortunately, your path toward permanent residence or citizenship may stop short if your employer has to lay you off. What are the immigration consequences of an employment issue when you are in the country through a work visa?

You have a grace period in which to address the issue

In theory, the loss of your employment could lead to the end of your time in the United States. Your entire family will have to move with you. However, the United States Citizenship and Immigration Services (USCIS) will not immediately deport you as soon as you lose your job.

You have the opportunity to make alternate arrangements for yourself and the rest of your family. Currently, the USCIS extends a 60-day grace period when someone with a work visa loses their job. Depending on the nature of the workplace issue and how long you have been in the country, there may be multiple options available for workers would you not want to leave the United States after losing a job.

Learning more about employment-based immigration can help you make the most of the grace period after a layoff.