New York —
The pandemic has left many foreigners with an H-1B visa without work, which implies that they would have to leave the country, however there are options
The immigrants who have a temporary work permit or H-1B visa and who have recently lost their job due to pandemic they would have to leave the country or they could be deported according to the rules of immigration.
The H-1B visa is granted to temporary workers through US companies that require skilled labor from other countries, however, upon becoming unemployed they would be violating the requirements of the work permit.
Every year they are issued 65,000 H-1B work visas to highly skilled foreign workers and others 20,000 for students who earned a graduate degree in the United States.
It is currently estimated that some 200,000 foreign workers with H-1B visa They could lose their legal status in late June due to the unemployment rate generated by the pandemic.
Many of them, even if they are not unemployed, could also lose their visa due to the fact that they cannot renew due to the restrictions that the administration of the president has raised. Donald trump.
Foreign workers facing unemployment they have 60 days, from the date of dismissal, to demonstrate a formal reason to remain in the United States, which must be accepted by the government or else they would have to leave the country.
There are some options that would allow you to continue in the country. Here are some of the recommendations what the experts do:
1. Consult with an immigration attorney
The first thing a foreign H-1B visa worker should do after being laid off or unemployed is to consult with a commercial immigration attorney.
2. Find a new employer
Another option for those who have been recently laid off is to find a new employer who is willing to sponsor the H-1B visa. The Citizenship and Immigration Service (USCIS) has a database of employers that hire personnel from other countries for temporary jobs, it is a tool with which you can find out which companies have sponsored foreign workers with this type of visa between 2009 and 2020.
3. Change status within 60 days
It means changing the reason for staying in the country, which must be approved by the government and carried out within the 60-day period that begins directly after the loss of employment. It is a difficult and even more complicated process in the midst of the pandemic, but it is an option that can be requested from USCIS.
4. Apply for alternative visa
Another alternative they may consider is applying for another type of visa, since many of the foreign workers may be eligible for the B-1 that is granted to visitors for commercial purposes and the B-2 for tourists, or They could also resort to the F-1 student visa, although in these cases time is critical to the suspension of procedures and in-person interviews that the USCIS maintains at least until June 4.
5. Apply for a spousal support visa
This type of visa allows the immigrant to continue working in the United States while their spouse has continuous employment. The State Department provides an overview of spousal support visas on its website with information on who is eligible and how to apply.