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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.