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What happens when workers lose jobs connected to work visas?

On Behalf of | Sep 2, 2024 | Employment-Based Immigration

Many different professionals may qualify for employment visas. There are special programs for doctors to take positions in underserved communities. There are internal transfer visas for managers already working at a business. There are special visa programs for individuals with advanced education or years of relevant work experience.

A work visa allows a professional to legally enter the United States to work here. They may be able to bring their spouse and minor children with them. Their visa may be eligible for renewal. In some cases, individuals with work visas can stay in the country for long enough to qualify for green cards. However, their employment is crucial for their immigration status. The loss of a job might mean that a worker is no longer eligible to maintain their visa.

What happens after an unexpected termination affects an immigrant with a work visa?

There is a grace period for many workers

Most people who qualify for employment visas have a strong work history or unique skills. Their abilities and education are beneficial for the domestic economy regardless of where they work. The United States Citizenship and Immigration Services (USCIS) allows for a degree of flexibility in cases where workers with visas suddenly lose their jobs.

There is a 60-day grace period that applies to professionals with certain work visas. If the visa holder obtains a new job within that 60 days, their new employer can help them obtain a modified work visa. The visa programs potentially eligible for that grace period include:

  • E-1
  • E-2
  • E-3
  • H-1B
  • H-1B1
  • L-1
  • O-1
  • TN

Workers may need to communicate with the USCIS and begin hunting for new opportunities as soon as possible to make use of that grace period.

In some cases, there may be other immigration opportunities available for professionals who lose their jobs. Those who come from unstable countries may qualify for asylum. Others might be eligible for green cards based on how long they have already resided in the United States.

Discussing job loss and immigration status with a skilled legal team can be beneficial for those concerned about their work visas. An unexpected job loss need not automatically result in removal from the United States if an immigrant acts quickly.