The recent layoffs of Internet companies have caused a big scandal, and everyone who works at large companies or small and medium size companies is at risk. According to the USCIS public data, amongst the recent representative layoffs, Meta has roughly 10-15% H1B employees, Twitter has 8% H1B employees, and Stripe has 5% employees who are currently H1B holders.

 

Compared to other employees, H1B holders can be in a more difficult position under the circumstances of layoffs, not only because it becomes important to find another job, and not only because of the need for income, but also to maintain legal immigration status.

 

H1B work visas are directed against the specific position and employer. Employees who hold an H-1B visa and are unfortunate enough to be dismissed or resign voluntarily of their own volition will have only a 60-day grace period during which they have only three options, as follows：

1. Leave the United States;

2. Seek a change in status, such as a transfer to an F student visa or B travel visa;

3. Have another employer file an H-1B application or other immigration application on their behalf.

If they do not do so within 60 days, they will be considered to have violated their immigration status.

It is important to note that:

1.  the Grace Period begins to count when your employment is terminated, not when the visa is revoked (the employer withdraws the LCA (Labor Condition Application) from USCIS and the Department of Labor).

 

2.  there is a grace period for each H1B authorization granted during the U.S. period of stay. The grace period can only be used once during each authorization period (authorized nonimmigrant validity period); a second layoff in the same authorization period will not have a Grace Period (successful H1B Transfer counts as entering a new authorization period).

 

3.     The Department of Homeland Security (DHS) has discretionary authority over the Grace Period, and according to the rule, DHS can decide on a case-by-case basis whether the 60-day grace period needs to be shortened or denied.

 

4. The 60-day Rule is so strict that even if you find a job and your new employer submits an H-1B application on the 61st day of the grace period, you are still required to leave the United States. If you do not maintain a valid U.S. visa when this 60-day period ends, then you will be considered "out of status".