Introduction
Holding an OPT, OPTX, or an H-1B visa is important for international students trying to build their careers in the United States. Yet, there is also the possibility of OPT layoff as well as getting laid off on H-1B as an international student.Some of the biggest companies in the world have been laying off employees. Xerox is one such company that had cut off 15% of their employees with economic uncertainties and the rise of AI being key reasons.This trend has led to increasing stress and a negative impact on international students.In this article, we will take you through alternative pathways you can opt for even after being laid off on H-1B visa or OPT and OPTX.
Understanding Your Visa Status and Unemployment Days
International students need to understand their current visa status along with details such as their grace period and unemployment days if they have gone through an OPT or H-1B layoff.
Different Visa Categories
Here is a short description of the key visa categories:
OPT Visa
Optional Practical Training or OPT visa is a temporary employment visa that has an immediate relation to an F-1 student’s area of study. OPT jobs help international students gain practical knowledge about their field of study.
OPTX Visa
The OPTX Visa for F-1 students is also known as a STEM extension, meaning students from Science, Technology, Engineering, and Mathematics backgrounds are eligible for an extension on their initial OPT visa for 24 months. International students can choose to get an extension on this visa twice.
H-1B Visa
H-1B Visa is a temporary work visa that grants permission for international students and immigrants to get employment in a specialization area. Applicants need to have at least a bachelor’s degree to be eligible for this visa along with a sponsor employer.
Unemployment Days After Being Laid Off
There is a limited unemployment time which is allowed for post-completion OPT and STEM OPT. For post-completion OPT, students can have a maximum of 90 days of unemployment, which is cumulative.For STEM OPTX, students can have a maximum of 150 days of unemployment which is also cumulative and includes the post-completion OPT unemployment time.In the case of H-1B visa, there is a 60-day maximum period for individuals to transfer to another H-1B employer.
Immediate Steps After a Layoff
Consider taking these steps immediately after a layoff:
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Report to your school: After getting laid off on your OPT or OPTX visa, you must report to your school since the OPT visa is issued with support of your school and they might be able to guide or assist you in this tough time. This includes giving an update to the Designated School Official (DSO) about any change in employment status.
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Knowledge of unemployment days: Comply with your work authorization regulations and get adequate knowledge about unemployment days.
Options After Layoff on Your OPT or OPTX
Thankfully for international students, there are multiple options after being laid off on the OPT or STEM OPT extension, including:
Finding Another Job to Secure Your Status
You can volunteer or work as an intern under the initial 12-month period of OPT to maintain your status while searching for sustainable employment.If you’re laid off while being on your STEM OPT extension, it is obligatory to find a paid position related to your field of studies with an e-verified employer.This can be done by looking for such employers through company websites, job boards, career fairs, your network utilizing referrals, or by directly enquiring the employer.
Starting a Business on Your OPT
You can start a business as an investor to qualify for a permanent resident visa such as the E-B5 visa. However, this option requires meeting various criteria such as a high investment amount which may not be feasible for many students.Interestingly, if you’re on your initial OPT you have an option to maintain your status through the self-employed OPT. After opening a legal entity in the U.S. you would need to hire yourself as a primary operator which would allow you to maintain your immigration status.
Going Back to a School in the U.S.
If you are worried you won't be able to secure the job within your 90 days of unemployment you might consider going back to school. In order to be eligible for another 12 months of the OPT after graduation you cannot pursue a degree from the same level.If you completed a bachelor's degree under your F-1 visa you must admit to either master's degree of PhD.Similarly, if you were laid off while on your STEM OPTX you can pursue another degree from a higher level. You can participate twice in the STEM OPT extension.
Applying for Algorizin's Internship
One of the options worth to consider is applying for an internship at Algorizin. During these months you'll be able to brush up your skills and gain more hands-on experience. This will significantly boost your resume and will be and add on to your portfolio.
Leaving the U.S.
Leaving the U.S. is the final and leasts desirable option while coping with OPT layoffs as an international student when other options don’t seem to work. After all you can try to work in the U.S. corporation remotely from your country. However, before making this drastic step, get in touch with Algorizin and let its team advise you.
Options After Layoff on H-1B Visa
There are always some good options to rely on even after being laid off on H-1B visa, such as:
Finding a New H-1B Visa Employment
Among the various options after the H-1B visa layoff, finding a new employer might be the best option to explore. This is because individuals can transfer their H-1B without waiting for the next lottery.Consider updating your resume, sending applications to H-1B-friendly employers, attending career fairs, and networking among peers.
Changing to a Different Work Visa
You can change your work visa to a different one after getting laid off on H-1B. For instance, the O-1 visa is focused on entrepreneurs, leading professionals, and innovators.Additionally, you can consider EB-2 and EB-3 visas which are pathways for skilled professionals and academics aiming to obtain permanent residency in the United States. Furthermore, if your work falls under the national interest of the U.S., you may also consider the EB-2 NIW visa.
Applying for a Self-Sponsored Green Card
You can self-sponsor a green card without an employer sponsorship or a job offer. This option is available for individuals with extraordinary skills and expertise in science, business, athletics, arts, and education.One of the most relevant visa categories would be the EB-1 visa which has been designed to retain the best talent available in the world to the U.S.
Going Back to School
You can pursue another degree in your or a new field of study in the U.S. This will increase your chances of securing work authorization after graduation.However, a drawback of this option is that professionals will have limited options for the full-time work unless they choose a legitimate university which offers Day 1 CPT opportunity.
Speaking with Algorizin's Representatives
Before making any drastic steps you can use an opportunity and get in touch with Algorizin's team to learn about alternative immigration paths and employment.
Leaving the U.S.
Though this might not be an ideal option for many, it is important to keep this open as an option if other pathways seem unfeasible. If you secure an employment with the U.S. company remotely while in your home country, they might be willing to sponsor your H1B visa in the next lottery season.
Conclusion
H-1B visa, OPT, or STEM OPTX layoff is a viable option for international students. But, there are different ways to solve this problem proactively based on your current situation.Unfortunately, job search process can be stressful while being an immigrant in the foreign country. Don't forget about on maintaining your physical and mental health.
FAQs
Can you do multiple jobs on OPT?
If your jobs are related to your field of study and comply with work authorization rules, you can do multiple jobs on OPT.
Does OPT require sponsorship from an employer?
No, OPT does not require sponsorship from an employer.
How do you manage your emotions after a layoff?
Focus on your mental health by being involved in different stress-relieving activities.
How do I manage my finances after being laid off on OPT?
Managing finances after being laid off on OPT is crucial to sustain a living in the U.S. Consider outlining your essential expenses and seeing areas where you can cut costs temporarily.
Are there any exemptions to the H-1B visa cap?
Yes, there are some exemptions to the H-1B visa cap. For instance, the first 20,000 H-1B petitions filed each year on behalf of beneficiaries with a U.S. master's degree or higher are exempt from the cap.Additionally, institutions of higher education, certain affiliated nonprofits, and government research organizations are generally exempt from the H-1B cap.
Can I transfer my H-1B visa to another company?
Yes. It is possible to transfer your H-1B visa to another company in 2024.
How long is the grace period for each visa category?
The grace period for each visa category is highly dependent on the type of visa you have.For instance, OPT and OPTX visas holders have 60 days of a grace period after they graduate. The grace period of an H-1B visa is also 60 days while a J-1 visa has a grace period of 30 days.
Can you apply for an H-1B visa and green card simultaneously?
Yes, you can apply for an H-1B and green card simultaneously as an H-1B visa is a dual intent visa.
Are there unemployment benefits after being laid off on H-1B visa?
Unemployment benefits after being laid off on H-1B are generally not available since this visa is tied to the specific employer.