Navigating the Complexities of the H-1B Visa When Employment Is Terminated

Many professionals applied for the H-1B visa and were fortunate to get selected in the lottery. However, due to unforeseen circumstances, the employer decides to terminate the employment. This raises several questions about the validity of the H-1B application and the next steps. This article aims to provide clarity and guidance on what to do in such a scenario.

Understanding the H-1B Visa Program

The H-1B visa is a type of nonimmigrant visa designed to bring foreign workers with specialized knowledge to the United States to work in a specific job for a specific employer. The visa application process includes a lottery system for selection, followed by a petition filed by the employer on behalf of the employee. Once the employee is selected and the petition is approved, the individual can work for the sponsor company for up to three years, with the possibility of extension under certain conditions.

What Happens When Employment Is Terminated?

Termination of employment after a positive lottery selection but before visa approval can significantly impact the status of the H-1B application. Here are the key points to consider:

Petition Status

Once employment is terminated by the original sponsor, the H-1B petition is no longer valid. This is because the H-1B visa is employer-specific and tied to the job with that particular employer. With the end of the employment, the petition automatically becomes null and void.

Grace Period

If you were in the United States on another visa status before applying for the H-1B, you may have a 60-day grace period to find another job or change your status, during which you can continue to work and hunt for new employment.

Options for Continued Employment and Immigration Status

1. Find a New Employer: If you have a positive H-1B application but your employment with the original employer was terminated, you can seek out a new employer willing to sponsor you for the H-1B visa. The new employer would file a new H-1B petition and you would then be able to hold an interview for your new position.

2. Consult a Professional: Immigration attorneys can provide personalized advice based on your specific situation. They can help you understand the full implications of your current situation and guide you through the process of either finding a new sponsor or pursuing other visa options that may be available.

3. Employment-Based Visa Alternatives: Depending on your situation, you may also be eligible for other employment-based visas, such as the PERM (Permanent Employment-Based) or extraordinary ability visa, depending on the specific criteria met.

Conclusion and Next Steps

Termination of employment during the H-1B process does not necessarily mean the end of the immigration journey. Professional guidance through a certified immigration attorney can help you determine the most viable options and navigate the complexities of immigration law. It is strongly advised to consult a legal expert for personalized advice to ensure the best possible outcome.

For further questions about the H-1B visa process or assistance with next steps, feel free to reach out!