Sat. Dec 9th, 2023

We Pave Your Career Path

Work visas may force laid-off tech employees to leave the U.S.

2 min read
US H-1B visa draws

Work Visas: The so-called H-1B visas, which the United States government created to attract the best talent in the world, brought a lot of smart, highly educated, motivated, and creative people to the country.

Now that high-tech companies like Twitter, Meta, Salesforce, Zillow, and Microsoft are downsizing, that status is being used against them.

Employers looking to hire non-immigrant aliens in specialty occupations, most commonly in high technology, are granted the H-1B visa. Employers who are unable to locate qualified Americans will benefit from this.

To avoid underpaying talent, H-1B holders should be paid the prevailing US wage for the type of work they do.

An H-1B visa holder can stay in the United States for a maximum of six years, with the possibility of extensions under specific conditions.

The 60-day grace period for a laid-off H-1B worker typically begins on the last day of employment.

Work visas may force tech employees to leave the US due to layoff

“Indeed, for the most part, individuals with H-1B visas should search for a new employer,” long-time Bay Area immigration lawyer, Donald Smith.

That is the easiest way to remain; Find a job with a different employer that is willing to sponsor and hire on a fast-track basis.

According to Smith, “professionally, one needs to find a new employer in any profession in two to four months.”

However, many H1-B holders might not be able to legally remain in the United States. Due to the prevalence of mass layoffs in the high-tech industry. Problems arise if they stay for more than six months looking for work.

According to Smith, “Should they depart the United States after 180 days, they could not return for three years. And after a year, they could not return to the united states for 10 years.”

[Want the visa system of a country to be simple, swift: MEA on 1,000-day US visa wait]

Employers may decide to lay off visa holders first, saying that they have priority over qualified American employees.

Leaving the country might be an awesome or only decision for the impacted immigrants. And to wait for the economy will improve, particularly if their term presently can’t seem to expire.

Smith stated a new employer could file a petition for them. Even though they’re abroad if they have H-1B remainder time.

The most recent major downturn in the United States high-tech industry lasted five years and ended more than two decades ago; long before the majority of those currently holding H-1B visa holders.

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