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Enes Hajdarpasic, is a former federal prosecutor and attorney for the U.S. Department of Homeland Security. He is now a Partner at Onal Gallant Bayram & Amin and handles complex immigration cases, including federal litigation and removal defense. His knowledge of immigration law and experience on the government and private side of immigration practice drives his commitment to provide thorough and holistic solutions to complex immigration problems.
Enes Hajdarpasic is licensed to provide immigration services throughout the US. You can find more information here.
Losing your job due to layoffs can be overwhelming, especially when your immigration status depends on your employment. For workers on visas, the uncertainty can be stressful. Fortunately, there are several strategies to remain in the U.S. after layoffs. This article explores visa options and highlights the importance of accurate translations for successful U.S. Citizenship and Immigration Services (USCIS) applications.
Understanding the 60-Day grace period
One key rule to understand after layoffs is the 60-day grace period. U.S. immigration law allows nonimmigrant workers on visas like the H-1B, L-1, or O-1 to remain in the U.S. for up to 60 days after losing their job. This period allows workers to either secure new employment, apply for a different visa status, or leave the country to avoid being out of status. Acting swiftly within this window is crucial to maintaining your lawful presence in the U.S.
During the grace period, you can apply for a change of status or seek a new job. If no action is taken, you risk accruing unlawful presence, which can complicate future visa applications. Understanding and using the 60-day grace period effectively can help create a clear path forward in the wake of layoffs.
Visa options after a layoff
If securing a new job within the 60-day grace period proves challenging, there are several work visa options to consider:
- H-1B Portability: For H-1B visa holders, transferring your visa to a new employer is one of the most straightforward solutions. The new employer must file a Labor Condition Application (LCA) and an H-1B petition during the grace period, allowing you to continue working in the U.S. without interruption.
- Change to a Dependent Visa: If your spouse holds a work visa, such as an H-1B, you might be able to apply to change your status to an H-4 dependent visa. In some cases, H-4 visa holders may apply for Employment Authorization Documents (EAD), enabling them to work in the U.S., which can be particularly useful after a layoff.
- Change to a Tourist or Student Visa: Another option is to switch to a B-2 tourist visa or F-1 student visa. A tourist visa is a short-term solution if you need more time to wind down affairs, but it doesn't permit employment and is limited to those who are visiting the U.S. for pleasure for a short period of time. The F-1 student visa is ideal if you plan to further your education while remaining in the U.S. However, it also does not allow for employment and switching back to a work visa from an F-1 can be complicated.
- Investment-Based Visas: If you have the financial resources, applying for an E-2 or EB-5 investment visa may be a viable long-term solution. These visas allow individuals to reside and work in the U.S. through substantial financial investments in U.S. businesses, and could provide a pathway to a Green Card.
The Importance of accurate translations in visa applications
Accurate translations play a critical role in visa applications, especially after layoffs. If you need to submit foreign documents such as employment contracts or academic records to USCIS, they must be accompanied by certified English translations. Even minor translation errors can cause delays or lead to denials.
For this reason, it's essential to use a professional translation service familiar with USCIS requirements. A skilled translation agency will ensure that your documents are not only accurately translated but also maintain legal terminology and tone. This can prevent setbacks that could cost you valuable time during the already stressful period following layoffs.
Accurate translations are vital for smooth processing, particularly when dealing with USCIS. Ensuring every document is correctly translated helps avoid unnecessary delays during the visa transition process after layoffs, when timing is crucial.
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Why partnering with a law firm is essential
Navigating U.S. immigration laws can be challenging, especially after layoffs. This is where partnering with an experienced immigration law firm becomes invaluable. A law firm experienced in immigration law provides essential legal advice about the various options that might be available, and ensures that your visa applications or status changes are handled correctly.
Here are a few other ways in which working with a law firm experienced in immigration law can be helpful:
Expert Legal Guidance: Immigration laws can be complex and are frequently updated. A law firm that frequently practices immigration law can help you navigate these intricacies, ensuring that your applications are completed accurately and filed in a timely manner. With layoffs already creating uncertainty, legal expertise ensures that nothing critical is overlooked.
Tailored Strategies: Every immigration case is different. What works for one person may not work for another. A law firm can provide personalized advice based on your unique circumstances, such as whether to switch to another work visa, apply for a dependent visa, or explore other options.
Avoiding Costly Mistakes: Filing errors can result in denials, which are both time-consuming and expensive to correct. A law firm helps you avoid such mistakes, ensuring that your applications are properly completed and submitted. This reduces delays and improves your chances of successfully navigating the visa process after layoffs.
Handling Complex Cases: Some cases are more complicated, especially those that involve appeals or motions to reopen. If your case involves unique challenges, such as visa portability or status changes, a law firm can handle these complexities on your behalf, ensuring that your rights are protected.
Peace of Mind: The stress of layoffs is compounded when immigration issues arise. By working with a law firm, you can focus on securing new employment or planning your next steps, knowing that your legal matters are in capable hands.
Conclusion
Navigating the U.S. immigration system after layoffs can be daunting, but acting quickly and strategically can help you stay in the U.S. Whether you aim to find new employment, switch to a different work visa, or apply for dependent or student status, the 60-day grace period is crucial. Ensuring that your documents are translated accurately and partnering with an experienced law firm can also improve your chances of a smooth visa transition.
Working with both a law firm and a professional translation agency ensures that your application is handled with care and precision. This combined approach maximizes your opportunity for success during this critical period after layoffs, allowing you to move forward with confidence.
