The H1B Visa and Job Mobility Amidst Layoffs

The H1B visa has generated much controversy in recent years, with some contending that it steals employment from American workers. Others are contending that it is vital for the economy’s expansion. Job mobility after layoffs is one of the biggest issues with the H1B visa currently.

Layoffs are typical in today’s fast-paced and constantly changing labor environment. They are frequently considered by corporate companies to accomplish the cost-cutting and competitiveness goals that businesses always seek. However, layoffs might be particularly challenging for those on H1B visas. H1B visa holders cannot merely hunt for another employment after being laid off, unlike American workers. They have a certain window of time before their visa expires if they are let go from the specific employer who sponsored their visa and are obligated to work for that company. In a competitive job market, it may be challenging for H1B visa holders to find a new position.

Furthermore, given the current state of the economy’s instability, many businesses are reluctant to sponsor H1B visas for new hires. Many H1B visa holders may find it challenging to find new employment after being laid off, placing them in dangerous situations. Go through this article to have a quick overview of H1B visa requirements and learn how you can transition through the current situation of layoffs.

H1B visa: Eligibility Criteria And Other Requirements

To qualify for an H1B work visa, a person must hold a bachelor’s or master’s degree, or its equivalent in another country, is required of applicants. In some circumstances, education and professional experience are also acceptable. In addition, the person needs to have appropriate work experience in the specialty sector of the job they will be working in.

Applicants with 12 years of specialized job experience may avoid this for H1B visa requirements. An MD, for instance, for a surgeon may not be required to show if he has enough years of work experience from a reputed hospital.

To be eligible for an H1B visa process, a position must be categorized as a “specialty profession.” Therefore, higher education is usually the best way to acquire the specialized information and abilities needed for the job. Engineers, computer programmers, and physicians are a few examples of specialty occupations.

Labor Condition Application (LCA) Process

Only if and when the LCA is approved by the Department of Labor may the H-1B visa petition be submitted. There are a number of attestations and activities needed of the employer in relation to the LCA in an effort to ensure that the hiring of foreign nationals at low pay does not weaken the U.S. labor market.

A sponsoring employer submits the Labor Condition Application to the Department of Labor on behalf of any potential H-1B employees the firm may be employing. When trying to hire an H-1B employee, it is frequently one of the first procedures a sponsoring firm must take. The employer cannot submit the I-129 petition for the H-1B visa without an LCA.

The LCA’s 4 Attestations

Your firm must submit 4 attestations to acquire a Labor Condition Application to safeguard current employees. The following are these LCA attestations:

• According to the employer’s certification, the recipient must be paid more than the real salary and the prevailing rate.The actual pay is what other employees in the company who perform the beneficiary’s work earn. 
• On the other hand, the prevailing wage is a salary figure created by the Department of Labor that considers the position and the location of the work.
• The employer must certify that hiring the recipient won’t harm the working conditions that the current staff members are currently experiencing. 
• Additionally, the beneficiary must be provided with working conditions comparable to those of the current personnel in the same position.

Cap Limitations and Lottery System

To choose the required number of H1B applicants from a broader pool of candidates, the H1B lottery is nothing more than a “random selection process.” The lottery selection process is used to choose enough candidates to fill the quotas of 20,000 for master’s degrees and up to a cap of 65,000 regular H1B visas.

H4 Visa For Dependent Family Members 

The H4 visa is issued for members of the H1B visa holder’s direct family members who wish to reside in the United States such as their parents or spouse. The primary applicant’s or primary visa holder’s spouse or unmarried children under 21 are considered immediate family.

H1B Visa Application Process

The different aspects of H1B visa application process is described below:

H1B Visa Sponsorship

Employers wishing to sponsor H1Bs must demonstrate that the job calls for expertise acquired through advanced education or specialized training. A particular course of study is necessary for the post. The recommendation letter’s objectives are to outline the position’s tasks, argue that a person with a “specialty occupation” is necessary to carry out those activities and demonstrate how the potential H-1B temporary employee satisfies or surpasses those requirements.

Applying for the Visa and Processing Fees

Your H1B petition is created based on a merit-based point system. It is issued once you receive 12 points. You may face H1B visa restrictions if your application status falls below the 12 points system. The H-1B visa application fee was raised from USD 460 to USD 780 under the proposed rule, which was released by US Citizenship and Immigration Services (USCIS) in 2023. 

 The following points are given to you:

• Three points are awarded for each year of college study. 
• Each year of job experience is worth one point.

Timeline for application review

Using the premium procedure, H1-B visas can be submitted and approved in 15 days, but there is an additional $2500 price. The H1B visa may also be transferred to a different H1-B sponsoring organization. Regular processing durations can vary greatly, sometimes as little as two months and other times as long as thirteen months. It usually takes 6 to 8 months. You may visit the USCIS (CSC) case processing timeframes webpage for the most recent processing times for Form I-129 (H-1B).

H1B Interview Process

Traveling to the US embassy or consulate where the H1B visa interview is scheduled would be best. You won’t be allowed to appear for an interview if your H1B processing isn’t finished. Assistance seekers must notify the consulate of their requirements at least 48 hours before the interview. The length of the H1B interview may go from 20 to 30 minutes, depending on how well the candidate performs.

Implications for H1B Visa Status during Layoffs

The majority of the laid-off workers in the US are H-1B visa holders. Therefore, the layoffs set the stage for a serious issue. These visas allow their holders to work for US businesses while granting them a non-immigrant status. H-1B visa holders are prevalent among Indian workers in the US, especially in the computer industry.

In their efforts to cut costs, businesses occasionally overlook the humane consequences of terminating employees. Those H-1B visa holders laid off in huge numbers would now be obliged to depart the US. H-1B visa holders who just lost their jobs are scrambling to find choices that will allow them to remain in the US as the end-of-year holiday season approaches.

Job search and transition options

Under further direction from an attorney, foreign national employees may alter their status to another non-immigrant status, such as F-1 student status or B-2 guest status. The new employer can immediately submit the H-1B transfer application and skip the H-1B cap registration period if the foreign national employee has been counted toward the H-1B cap during the previous six years. Employers can sponsor terminated workers included in the H-1B cap during the last six years because they will no longer be subject to the annual H-1B cap.

During the grace period, new companies may hire foreign workers in H-1B status who are receivers of I-140s authorized during the green card application process. Such individuals can search for work in the US and provide their services there from outside the nation before eventually returning once their H-1B petition is approved, they may receive a stamped H-1B visa from the US Consulate. Along with a valid H-1B visa, the recently approved H-1B petition may be used to enter the country.

A non-immigrant worker may be in H-1B status for six years after they are supposed to apply for H1B visa renewal. The new company may try to get the remaining unused time in H-1B status for six years if the employee hasn’t lived in the country for at least six years. A non-immigrant worker may, however, be eligible for extensions beyond the six-year maximum in certain circumstances, such as if they have an approved I-485 adjustment of status that was submitted within a year of the final action date becoming current or an I-140 that is still pending. Before submitting H1B extensions with the latter clauses, it is best to obtain advice and exercise extreme caution.

H1B Visa Extension: Thinking Beyond The Layoffs

The H1B visa and job mobility are important considerations for individuals facing layoffs and unemployment. The H1B visa allows highly skilled workers to come to the United States and contribute to the economy. Still, the current system allows H1B visa holders facing job loss to navigate into other jobs within a few days, which was not an option available a few years ago. 

Job mobility can allow individuals to find new employment and continue contributing to the economy. Even if layoffs can make it more difficult for both H1B visa holders and job seekers to find new employment, students and employed people need to consider their options and work towards solutions that will help them find new opportunities in the face of layoffs. Check out CY9 site for more information on the services available to assist you through the recruitment process!