Worried about job loss on an H-1B visa in 2025?

In this presentation, our immigration attorneys break down the critical steps H-1B holders should take after a layoff—including grace periods, change of status options, transferring to a new employer, self-employment, and more. Whether you’re navigating a recent layoff or just want to be prepared, this video provides up-to-date legal guidance and real-world strategies to help protect your immigration status.

H1B Layoff Scenarios

The discussion begins with a focus on H1B layoff scenarios and the implications of recent policy changes related to H1B visas.
The speakers, Sam Shihab and Brian Burke, express their intention to clarify the situation, share their knowledge, and address any questions from the audience.
They emphasize the importance of understanding the rules surrounding H1B layoffs, particularly concerning notices to appear issued by the government.

Understanding Notice to Appear

A notice to appear is described as the initiation of removal proceedings, essentially a court complaint that requires the individual to defend their right to remain in the United States.
This notice is issued when the government believes an individual should be removed from the country, and it requires them to appear in immigration court to contest this decision.
The speakers clarify that the issuance of a notice to appear in the context of H1B visa denials may be inappropriate due to existing legal protections such as the H1B grace period.

H1B Grace Period Explained

The H1B grace period allows individuals to remain in lawful non-immigrant status for up to 60 days after employment ends, or until the end of their I-94 status, whichever comes first.
During this grace period, individuals are not considered out of status, which is crucial in determining the appropriateness of a notice to appear being issued.
The speakers stress that individuals should not panic if they receive a notice to appear, as they still have legal options available during the grace period.

Employer Responsibilities Upon Layoff

When an H1B employee is laid off, the employer is required to formally withdraw the H1B petition by notifying USCIS.
This withdrawal is essential for the employer to fulfill their legal obligations, but it also raises questions about the impact on the employee’s immigration status.
The speakers discuss potential legal complications that may arise from the withdrawal process, especially if the employee has already filed for a new H1B with a different employer.

Options After Losing H1B Employment

If an individual loses their H1B job, they should actively seek new employment within the 60-day grace period to maintain their immigration status.
The speakers mention the option of self-employment under new regulations, which allows individuals to sponsor themselves for an H1B visa if they meet certain criteria.
They also discuss other avenues such as changing to a B or F visa status, although this may be complicated by the existence of a pending notice to appear.

Self-Employment and H1B Regulations

The new H1B self-employment option allows individuals to own a company that sponsors them for an H1B visa, which is a significant development in immigration regulations.
However, the process involves extensive documentation, including a detailed business plan and proof of financial viability, making it complex and time-consuming.
The speakers caution that while this option exists, it may not be suitable for everyone, and individuals should consider their circumstances carefully before pursuing it.

Change of Status Considerations

The discussion touches on the potential for individuals to change their status to H4 or student visa status as alternatives if they cannot secure a new H1B job.
The speakers highlight the importance of maintaining communication with USCIS and ensuring that any change of address is reported through the AR11 form to avoid missing critical notices.
They emphasize that failing to respond to notices from immigration courts can lead to adverse outcomes, including automatic loss of status.

Naturalization and Employment Changes

The speakers address concerns regarding how changing employers after obtaining a green card may impact the naturalization process, clarifying that there is no strict policy against changing jobs.
They note that maintaining good faith employment is essential, but circumstances such as layoffs or better job opportunities should not hinder naturalization.
The discussion underscores the lack of clear guidelines from immigration authorities, leading to confusion among applicants regarding their rights and responsibilities.

Conclusion and Q&A Session

The session concludes with an invitation for audience questions, indicating a commitment to addressing individual concerns related to immigration and employment status.
The speakers express their willingness to provide personalized assistance and guidance on navigating the complexities of immigration law.
They encourage individuals facing immigration challenges to seek legal counsel to understand their options and protect their rights effectively.