Immigration

Srinivasa Reddy Kandi: What steps should you take if your H-1B petition is denied?

February, 21, 2025-05:13

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What steps should you take if your H-1B petition is denied?

Numerous holders of H-1B visas have recently faced job loss due to significant layoffs in the technology sector. This situation raises the question: what are the consequences for an H-1B visa holder who becomes unemployed? Understanding the legal ramifications and requirements associated with the H-1B visa is essential.

H-1B Visas and Employment Termination
The H-1B visa serves as a temporary, non-immigrant work permit that enables foreign nationals to reside and work in the United States for a maximum duration of six years. This visa is primarily utilized by employers seeking to recruit and retain specialized professionals, including engineers, software developers, and healthcare experts.

In the event that an H-1B visa holder is laid off or loses their job for any reason, it is imperative that they secure a new employer willing to sponsor them for a new visa within 60 days of unemployment to maintain their legal status in the United States. Failing to do so will result in the individual being classified as “out of status,” which constitutes a violation of immigration regulations, potentially necessitating immediate departure from the country.

Securing New Sponsorship
Finding a new employer to provide sponsorship can be challenging during times of widespread layoffs. Nevertheless, it remains feasible for individuals who possess the requisite qualifications and skills that employers are actively seeking.

Moreover, there are specific scenarios in which an individual may be able to extend their work visa even after job loss. For example, if one can demonstrate that they are diligently pursuing new job opportunities and are likely to secure employment in the near future, they may qualify for an extension of their current visa until a new position is obtained.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.