Layoffs and Preserving Visa or Immigration Process

With the current state of the economy, each day’s news of layoffs of thousands or hundreds of thousands of employees start to seem casual and routine.  But many of these laid-off people are foreign workers on a visa or in some stage of their permanent legal resident process.  And in addition to having to worry about supporting themselves and their families financially, they have to worry about their immigration status.

We have been receiving an increasing number of calls from foreign workers who have been or are about to be laid-off from their jobs and we have been advising them on the best options for preserving their visas or immigration process.  Many other immigration attorneys report similar uptick in such inquiries. Newspapers write more and more stories about immigrants losing their jobs and facing difficult challenges to their immigration status in the U.S.

In our experience, the key for foreign nationals employed in the U.S. to being able to survive a layoff is early preparation.  Many visas are restricted to a specific employer but allow for transfer from within the U.S. if the transfer is filed early enough.  Many green card applications can be preserved upon layoff by finding a substitute employer and preparing job transfer documentation.  There are also alternative types of visas which would allow laid-off workers to remain in the U.S. with their families and wait for better employment markets.

If you are concerned about your job or have already been laid-off, please contact us.  Many are afraid to call an immigration attorney until it is too late because they are concerned about cost.  This is why we offer a free initial consultation so that we can hear your case, determine and present your options.