Labor Immigration Law

United States Labor Immigration Law News and Analysis

Laid Off H-1B Workers Do Not Have A Grace Period

An unfortunately common question which arises recently, especially with the U.S. economy about to go into a recession according to some economists, is what are my options if I get laid off by my employer?

The answer, outlined by a CIS memo, is that there is no grace period and, at least in theory, a foreign national is not in status the day after they are laid off.  This does not mean that a foreign employee who is laid off has to pack and leave the country within 24 hours or less after they are laid off.  However, this means that an H-1B employee who is laid off must take immediate action, for example file a change of status, to avoid being out of status and jeopardize further immigration benefits.

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This article is presented by the Capitol Immigration Law Group PLLC, an immigration law firm serving individual and corporate clients in the Washington, D.C. area and nationwide. We specialize in U.S. labor immigration law and we have successfully represented individuals from more than 30 countries and Fortune 100 companies. The article should not be used as a substitute for competent legal advice from a licensed attorney. For more information, please contact us.