Losing your job isn’t easy for anyone, especially if you’re in the US on a work visa where you have to keep your status secret. But if you get fired during the working visa, don’t worry. Some alternatives will allow you to stay legal in the U.S. and go after other things. This is a guide to what you have the right to do when you are laid off.
Will I Be “Out of Status”? Do I Have to Leave the Country?
If you get fired on a work visa such as the H-1B, you are instantly “out of status” in the US. It is because H-1B visas do require you to work in the US to be legal. The same is true for other work visas like L, O, and TN visas.
If you’re fired, your employer is usually required to inform U.S. Citizenship and Immigration Services (USCIS) and rescind your visa application. Even if you are status out, you don’t necessarily have to leave the US and go straight to deportation.
The 60-Day Grace Period
The work visa holder is usually granted a 60-day grace period following a job loss. This gives enough time to get a new job and not leave the US during this time. Don’t forget that this grace period generally begins on the last day of work, not the last day you were paid.
But if your I-94 (the travel document) is expiring before 60 days pass, the expiration date on your I-94 will be determined and you will need to check it instead.
What Should I Do If I Get Jobless?
Here are a few things you might do if you’ve lost your job:
Leave the U.S.
Some might return to their home country if they lose their jobs. If this sounds like your ideal career path, check into travel costs with your employer. Perhaps they have to provide you with a flight back home.
Note: If you’re moving abroad and considering a different visa type or status, you can still apply for a new visa at a U.S. consulate abroad, as long as you have not been in the U.S. for more than six months.
Find a New Job Within 60 Days.
The easiest option for workers on work visas is to hire a new employer to sponsor you. The first two terms to grasp are:
- Portability and The 60-Day Rule: Visa holders can “port” to a new employer in the United States. You can file a new LCA with the Department of Labor and a new Form I-129 (Petition for Nonimmigrant Worker) with USCIS if you find a new employer within 60 days or before your I-94 is due. If approved, your visa will be transferred to your new employer and you can continue working on your current visa without a new H-1B application.
For maximum processing time, apply for a new position as soon as possible, hopefully before your grace period expires.
Get an Alternative Type of Visa.
Even if you’re no longer able to hold a work visa, you may still be eligible for another kind of visa.
- B-1/B-2 Tourist Visa: You can convert to a B-2 tourist visa to enter the US for up to six months. You can continue your job search even after obtaining this visa. USCIS allows job search under a B-1/B-2 visa.
- Student Visa: If you want to pursue higher education, then you can take up a student visa (F, M, or J). You’ll be able to study in the United States and gain new skills.
- H-4 Dependent Spouse Visa: If your spouse also has a work visa (such as an H-1B), you may qualify for an H-4 visa that would let you remain in the US and even work.
- TN Visa: TN visa provides easy access to work in the United States for up to three years (or renewal) for Mexican and Canadian citizens.
- O Visa: If you are a very talented professional, you may qualify for an O-1 visa which permits highly competent professionals to live and work in the US.
- Investing Visas: If you want to invest in the US, you could be eligible for an E-1 or E-2 visa (Trade Trader/Investor Visa). Or an EB-5 investor visa, which requires a lot of investment and can become a permanent residence.
Family-Based Immigration Options
You can consider family-based immigration if you are having a difficult time maintaining your work visa. For example, if you have a U.S. citizen spouse or parent, they might be able to sponsor you for a green card.
- Spousal Visa: If you are married to a U.S. citizen, you can apply for a marriage green card. Even if you’re no longer in status, your spouse can sponsor you if they are a U.S. citizen or resident.
- U.S. Citizen Parent (IR-5 Visa): Your child is a U.S. citizen and over the age of 21 years old, they may be the sponsor for a green card.
Special Considerations
Then if you’re a green card applicant and you lose your job, it might affect your application. But if you have been in the green card application process for more than 180 days, you can usually move jobs without risking your green card application. This is called “portability.” If you’ve been unemployed for less than 180 days, a new employer may have to file a petition in your name.
Losing your job during the work visa period is difficult but you can still take action. If you want to leave the country, find a new job, or get a new visa, it’s essential to do it quickly. Always speak to an immigration lawyer to find out what the best approach is for you.
