This article provides guidance for individuals who have lost their job due to layoffs and are seeking to remain in the US while looking for new employment. The advice comes from Sophie Alcorn, an immigration lawyer specializing in tech startups.
Key Points:
- H-1B Transfer: If you’re currently working on a valid H-1B visa, your employer can file an amended petition with USCIS to transfer your visa to a new employer. This process typically takes several months.
- Timing is Everything: You have 60 days from the date of your layoff to find a new job and transfer your H-1B visa. If you’re unable to secure a new position within this timeframe, you may need to leave the US or explore other immigration options.
- O-1A Visa: Alternatively, you could consider applying for an O-1A visa as a person of extraordinary ability in science, engineering, education, business, or athletics. This requires demonstrating exceptional achievements and can be a more complex process than transferring your H-1B visa.
- Timing for O-1A Application: You must submit your O-1A application on or before the 60th day since you were laid off to remain in the US while waiting for USCIS to make a decision.
Next Steps:
- Consult with an immigration attorney to determine the best course of action based on your individual circumstances.
- Prepare your application package, including documentation and evidence of your qualifications and achievements.
