Professional H-1B holders are facing two problems at once: mounting layoffs and a tightening immigration climate. The former makes H-1B holders vulnerable to removal. Given the increasingly strict immigration landscape, there are rising concerns that many foreign professionals could have their legal status revoked.
The frequency of layoffs increased to the point where entire teams are let go at the same time. Many of these foreign workers have valid visas, but these become invalid once they lose employer sponsorship. Originally limited to the tech industry, the rise of layoffs has expanded to all sectors of the U.S. economy.
The increasingly strict immigration landscape leaves H-1B recipients vulnerable to losing their legal status. Customs and Border Protection (CBP) agents have denied re-entry to H-1B holders who travel abroad. Visa holders have also had their H-1B or B1 cancelled, preventing them from legally re-entering the U.S.
It’s clear that individuals seeking H-1B visas will have a tougher road ahead, even after being selected as a recipient. The stricter immigration landscape means H-1B holders must stay on top of their visa status. To minimize the risks of being denied re-entry and having their visa revoked, H-1B holders must use extreme caution when traveling internationally.
If not possible, visa holders should have proof of their status prepared when returning to the U.S. If they’re undergoing a visa transfer, do not attempt to re-enter the U.S. without one hundred percent certainty the transfer is complete. Individuals that are already H-1B recipients and employed should also refrain from traveling abroad unless necessary. It’s also highly encouraged that visa owners are aware of their rights as professionals residing in the United States if confronted by immigration agents.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
