There are numerous systems that allow people to legally enter and live in the United States. The United States Citizenship and Immigration Services (USCIS) considers many factors when deciding who can enter and legally live in the United States.
The ability to cover basic cost-of-living expenses is a key consideration. The USCIS generally expects immigrants with visas to support themselves and any immediate family members who enter the country with them. People who have work visas generally have well-paid careers. They support themselves and their family members with their wages.
Unfortunately, even when an immigrant has completely changed their life to take a job in the United States, their employer may not keep them on staff for as long as initially promised. Sometimes, immigrant employees lose their jobs with little advance notice while they still have employment visas.
Does job loss automatically result in a professional facing removal from the United States?
There is a grace period after job loss
The USCIS does expect that immigrants with employment visas should maintain their jobs while residing in the United States. However, the USCIS also extends a degree of leniency to those who lose their jobs unexpectedly. Even the most diligent professionals might be vulnerable during times of economic uncertainty.
A skilled and educated professional who loses their job as part of a widespread staffing reduction or even because of a targeted termination is not automatically at risk of removal from the country. Before they face removal, they have the opportunity to seek out a new position elsewhere.
For many professionals who enter the United States with work visas, there is a 60-day grace period that applies after a job loss. Workers have approximately two months from the date their previous position ends to locate a new position with another company. They can also apply for immigration opportunities based on family relationships or humanitarian concerns in their countries of origin.
Skilled professionals who qualify for H-1B, E, L, O or TN visas may be able to locate a new position relatively quickly. They can then submit appropriate paperwork to the USCIS to update their records and protect their status. Job loss can be stressful for anyone, especially those whose lawful status in the United States depends on their employment.
Understanding the rules that apply to work visas can be important for those living and working in the United States as immigrants. With the right support, even immigrants who lose their jobs unexpectedly can remain lawfully in the country.