Immigration Planning: Preparing For A Global Recession? – Work Visas & More Trending News


Whether it is known as downsizing, rightsizing, streamlining,
layoff, “redundancies”, discount in pressure, off-boarding,
pressure discount, re-engineering – it is all the identical employment
motion, and any kind of non-voluntary termination of employment at
your organization has an affect in your firm’s immigration

All of those issues and extra are mentioned within the
upcoming Dec. thirteenth WR Immigration webinar, Immigration
Planning: Preparing for a Global Recession?
Register Here>>

How can an employer help their overseas nationwide
staff1 within the wake of layoffs?

Termination of employment is all the time robust, however it’s
significantly robust for overseas nationwide staff. To the best
extent doable, we suggest proactive communication with the
employer’s immigration counsel to make sure the authorized workforce is
ready to dedicate adequate sources to well timed help
consultations for all impacted overseas nationwide staff. For the
causes described intimately under, we suggest providing
consultations to each terminated overseas nationwide staff and
retained overseas nationwide staff as each expertise distinctive
challenges after layoffs.

What occurs when employment is terminated for a Foreign
National worker?

As an employer of overseas nationwide staff, it’s essential to
observe the required obligations for terminating an H-1B employee. The
employer has the next obligations when terminating an H-1B

  • Provide discover of termination to the worker in writing

  • Notify the USCIS of the termination

  • Offer to the terminated worker the price of affordable
    transportation to the H-1B employee’s residence nation (or nation of
    final residence)

Many visa holders profit from a grace interval, which suggests the
overseas nationwide might stay within the lawfully current within the United
Status for a specified variety of days. Foreign nationwide staff
in E, H-1B, H-1B1, L-1, O-1, and TN standing are allowed a grace
interval for remaining lawfully current within the United States of 60
days or the top of their approved interval of keep whichever is
shorter. During the grace interval, the nonimmigrant employee is just not
thought-about out of standing simply primarily based on the lack of employment. The
grace interval offers the nonimmigrant employee as much as 60 days to seek out
a brand new employer who can file an extension of standing or change of
standing petition on their behalf earlier than the grace interval

If the nonimmigrant employee is unable to discover a job with new
firm and well timed file for an prolonged or new work approved
standing earlier than the top of the grace interval, the nonimmigrant employee
must depart the United States. Alternatively, earlier than the
grace interval is over, the nonimmigrant employee might change standing to
stay lawfully current within the United Status. If contemplating
altering standing to stay within the United States, we strongly
suggest consulting with an immigration legal professional to grasp the
limitations and compliance necessities earlier than submitting any change of
standing functions. There are vital penalties to
remaining within the United States with out sustaining nonimmigration
standing, so we strongly suggest that if somebody is on this
state of affairs that they search immigration counsel to discover their
choices as quickly as doable.

The employer will even wish to take into account inexperienced card sponsorship
implications for the terminated overseas nationwide worker. Of
course, employer actions will depend upon the stage of the PERM
(Labor Certification) stage:

  1. PERM utility (Form 9089) NOT filed with the Department of
    Labor (DOL) – the employer to cease processing the overseas nationwide
    worker’s case and the appliance is not going to be filed.

  2. PERM utility (Form 9089) filed with DOL – employer
    advisable to withdraw the pending utility.

  3. PERM utility (Form 9089) permitted by DOL, however the I-140
    Immigrant Petition has not but been filed, employer shouldn’t take
    any additional motion on behalf of overseas nationwide worker.

Similar evaluation applies for employer’s processing the I-140
Immigrant Petition on behalf of terminated overseas nationwide
staff. If the case is in authorized prep or filed, however not permitted
by U.S. Citizenship and Immigration Services (USCIS), then employer
ought to cease engaged on the case or withdraw the pending petition.
If the petition has already been permitted by USCIS, employer has no
motion and the terminated overseas nationwide worker ought to have the opportunity
to retain their precedence date which is useful for a future inexperienced
card case with a brand new employer. The terminated overseas nationwide
worker’s precedence date might be retained even when the employer
withdraws the I-140 after approval. To affirm, to be eligible for
a inexperienced card, the terminated overseas nationwide worker on this
state of affairs will possible must get hold of a brand new PERM certification
by the DOL and I-140 Immigrant Petition approval by USCIS
with a brand new employer if the Form I-485 Adjustment of Status
Application was not already submitted and pending for not less than six
months previous to overseas nationwide worker’s separation with

If Form I-485 Adjustment of Status Application is filed and
pending, in sure circumstances the terminated overseas nationwide
worker might proceed their I-485 Adjustment of Status Application
with a brand new employer. The following should all be true:

  1. Employee’s I-485 Adjustment of Status Application has been
    pending for greater than 180 days; and

  2. The new employment within the US should be in a similar or comparable
    occupation as the unique PERM utility (or, if a PERM
    utility was not required, the I-140 Immigrant Petition);

  3. The USCIS is notified of the change in employment utilizing the
    Supplement J Form I-485.

What occurs when the overseas nationwide worker is retained
after layoffs?

In the occasion of layoffs, the employer should fastidiously assess the
affect on retained overseas nationwide staff’ nonimmigrant
statuses and ongoing inexperienced card circumstances. We strongly suggest the
employer work carefully with an immigration legal professional to research and
develop a technique tailor-made to the employer’s overseas nationwide

In the wake of terminations on the firm, there could also be adjustments
to the retained overseas nationwide staff’ employment phrases.
If the employer adjustments phrases of employment for the overseas
nationwide worker, like new or completely different job duties, new location
or extra worksite, or lower in wage, and so forth. the employer is
required to file an amended petition on behalf of the retained
overseas nationwide worker.

Most critically, within the wake of an employer terminating
employment of U.S. staff, the employer’s capacity to sponsor
inexperienced card functions by the DOL’s PERM (Labor
Certification) course of shall be considerably impacted. The employer
shall be timed out from submitting PERM Applications (Form 9089)
with the DOL for six months from the date of the termination for
comparable occupations in space of meant employment. There is
substantial danger for employers to submit PERM Applications (Form
9089) with the DOL after termination of U.S. staff inside six
months of termination of US staff with out cautious and detailed
evaluation. Please contact WR Immigration to have an legal professional analyze
and develop a technique concerning the affect to your inexperienced card
sponsorship program.

All of those issues and extra are mentioned within the
upcoming Dec. thirteenth WR Immigration webinar, Immigration
Planning: Preparing for a Global Recession?
Register Here>>


1. An employer might make use of different overseas
nationwide staff that do NOT depend on employment-primarily based sponsorship
to stay lawfully work approved; nevertheless, this text is
focused to deal with employment primarily based nonimmigrant visa holders who
are sponsored by an employer and depend on the employment
relationship for upkeep of standing and inexperienced card sponsorship.
For functions of this text, we refer to those employment-primarily based
sponsored nonimmigrant visa holders (ex: H-1B, TN, L-1, and so forth.) as
“foreign national employees.”

The content material of this text is meant to supply a basic
information to the subject material. Specialist recommendation must be sought
about your particular circumstances.

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