Foreign national

It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, ...

Where a foreign national has an approved employment-based Immigrant Visa Petition and an Adjustment of Status Application pending with USCIS for more than 180 days, the foreign national can utilize a job offer with a different employer similar to the job offer in the underlying initial application to obtain their Green Card. However, when an employee has already been selected in the H-1B lottery and approved for H-1B status, he/she can change employers without needing to be reselected in the H-1B lottery. If a foreign national can find a new employer visa sponsor during the grace period, they can potentially avoid the need to exit the U.S. Importantly, the employer is not required to pay transportation costs for dependents of the H-1B or E-3 beneficiary and the travel reimbursement is not triggered when the foreign national finds new employment in the United States. The immigration regulations provide up to a 60-day grace period after termination of employment for a foreign national in the following temporary statuses to find a new position in the U,S.: E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN. In the event of a layoff, Employers are also required to offer to pay the cost of reasonable transportation to an H-1B and E-3 worker’s last country of residence.