LAYOFFS AT TWITTER RESULT IN UNCERTAINTY FOR H-1B VISA HOLDERS!

#Tesla CEO #ElonMusk has fired hundreds of employees across #Twitter, putting them on a 60-day deadline, and their immigration status at stake. Currently, Twitter employees with #h1bvisa and L-1s are racing against time to find a new job, and most of them have 60 days to either find a new employer to sponsor them or leave the country.

In a Forbes report, the National Foundation for American Policy analysed US #Citizenship and Immigration Services (USCIS) data to calculate that 625 to 670 Twitter employees hold H-1B status, or about 8% of the company's 7,500 employees. Out of the 50% workforce cut announced, it is unclear how many were foreign workers, and foreign workers usually work with the H-1B, L-1, or O-1 visas, which have different requirements.

"While H-1B visa holders have a 60-day grace period, it's much more difficult for workers on L-1 and O-1 visas. They may have to leave soon after their employment is terminated, except in rare circumstances," mentioned Poorvi Chothani, Managing Partner at #LawQuest.

For people on H-1B visas, "When an H-1B employee is laid off, they usually have a 60 days grace period to file an H-1B through another employer. The exact grace period is calculated by looking at the time remaining on their approved status. If the time remaining is less than 60 days, they get the lesser time," according to Rajiv Khanna, Managing Attorney, #Immigration.com.

It is relatively easier for H-1B workers who have lost their jobs to find a new sponsor since they have already been counted against the annual H-1B quota. However, the petition for a new employer must be submitted before the 60th day, Chothani said.

Once an H-1B worker has been counted in the H-1B cap lottery within the past 6 years, he or she does not have to wait for the next #lottery if they cannot locate another sponsor within the 60-day grace period and must leave the country. Once an individual gets a new job, the new employer can apply for a petition that will allow them to move back to the US once the petition is approved and they have a visa stamp. They can continue looking for US jobs from their home country.

Chothani clarified, "If an H-1B worker has not been counted in the visa cap in the past 6 years, and finds a new job only after returning to their home country, they will have to re-enter the lottery pool."

Those with H-1B visas can return to the US and work for the remainder of their tenure, but what about those with L-1 visas?

"L-1 workers are intra-company transfers whose employment is linked to their prior qualifying employment outside the US with the US employer’s foreign affiliated company. Hence, once they are terminated the L-1 worker must leave the country as this employment cannot be transferred to a new employer," said Chothani.

Workers who cannot find a new employer in 60 days and do not wish to leave the US at the end of the 60-day grace period may be able to switch to another country. Another temporary status and remain in the country, for example, if they may change to B-2 status and remain as a tourist or switch to F-1 status and go back to school.

"Sometimes, we advise filing for a tourist status (B-1/B-2), but that is not guaranteed. However, while the change of status is pending (several months), one can stay in the USA and keep looking for jobs," said Khanna.

When a person in a backlogged country like India suffers from a long wait in the Green Card queue, losing a job may jeopardise their entire #GreenCard application, forcing them back to the end of the line, unless they are at the second stage of the process. — the I-140 immigrant petition — even if they lose their job, they retain their priority date, which is their place in line for the green card backlog.

There may, however, be other options for them to remain in the country.