When laying off H-1B visa holders, the clock is ticking

Q         We are planning to lay off about 20 employees, and one of the affected workers has a sponsored H-1B visa. Are there specific requirements we need to follow.

Employers planning on laying off workers who have H-1B visas need to be sensitive to the immediate impact it will have on those workers. When employment ends, employees operating under such visas have a 60-day grace period after their last day of employment to find a new employer to file a H-1B petition, to file an application to change their visa status, or to leave the United States. If the employee disregards this grace period, leaving a gap in employment and expiration of their visa, they risk issues with future immigration applications and/or deportation. If an employer fails to follow applicable regulations, they could face fines and penalties.

Sixty days isn’t long, so employers deciding on layoffs must be prepared to undertake the following steps immediately:

Provide the employee with clear notification of termination. This notice should be in writing and specifically state the employment relationship has been terminated.