Thousands of layoffs at Oracle have sparked fresh concerns for H-1B visa holders in the United States.
An exterior view of the Oracle Field Office at Wilson Boulevard in Arlington, Virginia, US (REUTERS)
In a notification submitted under the Worker Adjustment and Retraining Notification (WARN) Act, Oracle announced late on Tuesday that it will fire 491 workers who work remotely in Washington state and at its Seattle operations as of June 1. The scale of the cuts could run into the tens of thousands globally, intensifying anxiety among foreign workers whose residency in the US is tied directly to their employment. As per the USCIS guidelines, the crucial factor for H-1B workers caught in such layoffs is timing. After a layoff, they have up to a 60-day grace period, or until the end of their authorized validity period, whichever is shorter, to take action to stay in the US legally in most cases. Read more: H-1B visa registrations ‘dip’ but some firms benefit amid tighter visa rules
Options for H1B visa workers after they have been laid off Transfer H-1B to a new employer As mentioned above, laid-off workers have a 60-day grace period within which they can secure a new job and transfer their visa. According to the Immigration Law Office of Los Angeles, if you were laid off, you must speak with our H-1B transfer lawyer right away to go over your choices in terms of employer change. H-1B portability has the practical advantage that, if a nonfrivolous petition is correctly filed, portability regulations may permit work with the new employer, provided that the case satisfies legal requirements. This eliminates the need for the worker to wait for final permission before returning to work. Hence, the applicant can start work with the new employer, typically immediately, per the Immigration Law Office of Los Angeles
Change visa status You may be able to secure employment on a different work visa if you don’t find an employer to sponsor your H-1B transfer. You can fairly quickly assess your eligibility for status adjustment if you can speak with an immigration attorney over the phone. The various options that are available to immigrant workers, according to Deel, are a change of visa status to an H4 dependent visa, an H-1B spouse, an O1 visa if you are a start-up owner or a founder or an E-1 or E-2 visa for nationals of specific treaty nations.
Change your work visa to a non-work visa You may be able to remain in the US by engaging in non-work activities on visas that permit you to be in the US without a job if you have some funds and don’t need to earn money right away. According to Deel, the two options of such visas include the B-1 or B-2 visitor visa category or the F-1 student visa category. These visas can provide short-term stability while you choose your next course of action, but they are not intended for extended stays. Read more: NRI on H-1B risks losing US home after flying to India to care for ill mother
Pursue green card pathways Workers with an approved immigrant petition (I-140) may be eligible to adjust their status toward permanent residency. According to Deel, if an applicant has enough funds at their disposal, then these H-1B employees who have established a solid career in research, leadership, entrepreneurship, or any other specialized field are eligible for a self-sponsored green card without the requirement for an employer. The two main pathways are EB-1A for extraordinary ability and EB-2 NIW for exceptional ability.
Leave the US and re-enter later Deel suggests that leaving the US is sometimes the best course of action. There are many situations where it makes sense to leave the United States, even though this may not be a practical or preferred choice for many people. There is no legal obligation to search for your next job in the US as soon as you are outside the country.
