Worried about layoffs? 9 things to know if you are an H-1B worker in the US

Upon termination of employment, non-immigrant visa holders in the U.S. are granted a 60-day grace period to find a new job or change their visa status.

This provision, effective since early 2017, allows individuals to remain legally in the country and seek new employment opportunities. During this time, they can also transition to another visa status if needed.
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Foreign nationals who lose their jobs can consider changing their status to other non-immigrant categories, such as F-1 student status or B-2 visitor status, under the guidance of an attorney.
This can provide a temporary solution while they explore long-term options.

If a foreign worker has been counted under the H-1B cap within the last six years, a new employer can file for an H-1B transfer immediately without waiting for the H-1B cap registration period.

This applies to those who have been previously counted under the cap, making it easier for them to continue their employment in the U.S.

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H-1B workers with approved I-140 petitions in the green card process can be hired by new employers within the grace period.

They can work from outside the U.S. and return once their H-1B petition is approved and they obtain a new visa stamp. If an H-1B visa is already held, it can be used with the new petition to re-enter the U.S.

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L-1 workers who lose their jobs and wish to change their status to H-1B within the 60-day grace period must have been previously counted under the H-1B cap. If not, they must wait for the next H-1B lottery registration.

The maximum duration for H-1B status is six years. If the worker has used less than six years, the new employer can use the remaining time.
Extensions beyond six years are possible with an approved I-140 or a pending I-485 Adjustment of Status filed within one year of the final action date becoming current.
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If a terminated employee remains on payroll but is not active in work, this is known as 'Garden Leave.' For compliance, the termination date is considered the actual date of termination unless the worker is on medical leave or disabled.

A new employer can file for a new labor certification and I-140 petition while retaining the priority date of the worker's previous I-140. This allows the non-immigrant worker to maintain their immigration status continuity.

If an I-485 Adjustment of Status application has been pending for 180 days or more, the worker can take up a new job in a similar occupation.
The underlying labor certification and I-140 remain valid, and the worker must file a new Form I-485, Supplement J. This portability option also extends to self-employment if necessary.