Solutions for H-1B employees who’ve been laid off (or assume they is perhaps) • TechCrunch

In keeping with layoffs.fyi, greater than 23,000 tech employees have been laid off thus far this month. For comparability, the location tracked 12,463 layoffs in October.

Fb’s father or mother firm Meta introduced the primary main job cuts in its historical past this week, eliminating 11,000 jobs. Like Twitter, Stripe, Brex, Lyft, Netflix and different tech corporations based mostly within the Bay Space, lots of the staff impacted are immigrants on employee visas.

An surprising layoff introduces a component of chaos into anybody’s life, however when an H-1B employee loses their job, a loud clock begins clicking: until they’ll land a brand new place or change their immigration standing inside 60 days, they’re required to go away the nation.

And since tech corporations at each dimension are enacting hiring freezes and planning extra cuts, their skill to stay and work within the U.S. is all of the sudden in query.

Earlier right this moment, I hosted a Q&A for overseas tech employees who’ve been laid off (or assume they is perhaps) with Silicon Valley-based immigration lawyer Sophie Alcorn.

Alcorn, who writes “Pricey Sophie,” a weekly recommendation column for TechCrunch+, shared common info for visa employees and hiring managers who’re searching for expertise. When you’re a visa holder who’s been laid off, your first precedence is to “discover a lawyer and determine your final day of employment, as a result of that’s when you want to begin counting the 60-day grace interval,” stated Alcorn.

“You both get a brand new job, you permit, or you determine another approach to legally keep in the USA, however you must take some motion inside these 60 days.” Begin wanting now for brand spanking new alternatives, she suggested, as it’s going to take a brand new employer time to submit paperwork to U.S. Citizenship and Immigration Companies.

“One of the best-case state of affairs can be that this new firm information your new change of employer petition and USCIS receives the paperwork on or earlier than the 59th day since your final day of employment,” stated Alcorn.

“It takes at the least three weeks to arrange every part,” which suggests candidates and employers should transfer shortly as the times depend down. “You in all probability want a signed supply round day 33,” she stated.

Primarily based on her expertise, Alcorn estimated that 15% of the individuals laid off from Bay Space startups are immigrants, 90% of that are H-1B holders. Under, you’ll discover solutions to a number of of the questions we obtained [edited for space and clarity].

I used to be laid off whereas I used to be overseas, however my lawyer suggested me to journey again on ESTA, which I did. Do the 60-day grace interval nonetheless apply?

Sophie Alcorn: When you’re in the USA on ESTA after being laid off whereas overseas, you’re not in H-1B standing anymore. It’s essential to depart the nation to get a brand new H-1B and attempt to come again in and begin working.

You don’t have the 60-day grace interval anymore; you’ve deserted it. The one factor you are able to do to vary or lengthen your standing for those who’re in the USA on the Visa Waiver Program for 90 days on ESTA is get married to a U.S. citizen and have them sponsor you for a inexperienced card.

It must be an actual, good-faith marriage. It’s a must to intend to share a life collectively, you must exhibit that your households know one another, that you just do romantic comedy issues collectively and have the pictures to show it. And the federal government’s going to test in two years to see for those who’re nonetheless married.

I’m at present on an OPT and have an H-1B authorized, however not activated. Can I alter employers with out going by means of the lottery immediately? Or would my H-1B have to be activated first?

You may really change employers with out [doing so]. Whenever you’re interviewing for jobs, you want to make it very clear to the HR individual that you just assume you might be eligible for an H-1B change of employer, and you really want their immigration attorneys to take an in depth look, as a result of primarily, what you will have is a change of standing from F-1 or OPT to H-1B inside the USA, in addition to a change of employer.