Answers to laid-off H-1B workers (or think they might be) • TechCrunch

According to layoffsThis month, more than 23,000 technical workers were laid off. The site also tracked 12,463 layoffs for October.

Meta, the parent company to Facebook, announced 11,000 job cuts this week. Many of the affected employees are immigrant workers with work visas, as is the case for companies like Twitter, Stripe and Brex.

Unexpected layoffs bring chaos to anyone’s life. But when an H-1B worker is fired, the alarm bells start ringing: Unless they change their immigration status or get a new job within 60 days they are required to leave. Country.

Tech companies of all sizes have stopped hiring and are planning further cuts. This puts their ability to live and function in the United States in jeopardy.

Today I hosted a Q&A session for foreign tech employees who were ou think they might be laid off with a Silicon Valley immigration lawyer. Sophie Alcorn.

Alcorn, who writes “Dear Sophie”, a weekly column for TechCrunch+ that offers advice, shared general information for hiring managers and visa professionals looking for talent. Alcorn stated that if you are a layoff visa holder, your first priority should be “finding a lawyer” and knowing your last work day. This is when you can start calculating the 60-day grace.

“Either you find a new job, leave, or you find another legal way to stay in the United States. But you must act within those 60 days. She advised to begin looking for new opportunities now, as it will take time to file paperwork with USCIS.

“The best case scenario is for this new company to file your new change of employer petition and USCIS receives the paperwork on or before the 59th since your last business day,” Alcorn said.

“It takes at least three weeks to prepare everything,” which means candidates and employers must move quickly as the days count down. She said, “You will probably need to view the site around day 33.”

Alcorn estimates that 15% of the people laid off by Bay Area startups are immigrants. 90% of these are H-1B holders. Below are answers to many questions we were asked. [edited for space and clarity].

I was laid off while I was abroad. My lawyer suggested that I return to the ESTA. I did. Is the 60-day grace period still in effect?

Sophie Alcorn: H-1B status would be removed if you are in the United States on ESTA and you are laid off while you were abroad. To obtain a new H-1B you will need to leave the country. Then, you can try to return and get started working.

There is no 60-day grace period. I gave up on her. If you are a US-resident under the ETAP 90 Day Visa Waiver Program, you cannot change or extend your status. You can only marry a US citizen to get a green card.

It must be a genuine, loving marriage. You must have a desire to share a happy life together. Two years later, the government will check to see if you’re still married.

I am currently OPT and have an H-1B approved, but it isn’t activated. Can I change my employer without having to go through the lottery? Or will H-1B first need to be activated?

You can change employers without having to [doing so]. When interviewing for jobs, it is important to let the HR officer know that you believe you are eligible for an H-1B change in employer. You will need an immigration attorney to review your case.