There are about 625 to 670 Twitter employees in H-1B status, or about 8% of the company’s 7,500 employees, a Forbes report said, citing a National Foundation for American Policy analysis of US Citizenship and Immigration Services (USCIS) data
The recent firing spree by Elon Musk across Twitter – reports indicate that many of those who had been laid off have been called back — has sent some employees on a 60-day deadline, and their immigration status under threat. Most of these Twitter employees working on American work visas, H-1B and L-1, have to find a new job within 60 days or leave the United States.
There are about 625 to 670 Twitter employees in H-1B status, or about 8% of the company’s 7,500 employees, a Forbes report said, citing a National Foundation for American Policy analysis of US Citizenship and Immigration Services (USCIS) data.
Foreign workers in the United States typically work under H-1B, L-1 or O-1 visas, and each come with a different set of rules. “While H-1B visa holders have a 60-day grace period, it’s much more difficult for workers on L-1 and O-1 visas. They may have to leave soon after theiremployment is terminated, except in rare circumstances,” Poorvi Chothani, Managing Partner at LawQuest was quoted by ET.
Rajiv Khanna, Managing Attorney, Immigration.com, was quoted by ET saying that “when an H-1B employee is laid off, they usually have 60 days grace period to file an H-1B through another employer. The exact grace period is calculated by looking at the time remaining on their approved status. If the time remaining is less than 60 days, they get the lesser time”.
Workers who are not able to find a new employer and do not want to leave the US at the end of the 60-day grace period may be able to switch to another temporary status and remain in the country. For example, if they may change to B-2 status and remain as a tourist or switch to F-1 status and go back to school
One advantage H-1B workers who may have lost their jobs have is that they have already been counted against the annual H-1B quota, so it is relatively easier for them to find another sponsor. Even so, the petition by a new employer needs to be submitted before the 60th day, according to Chothani.
H-1B workers who have been counted in the H-1B cap lottery within the last 6 years do not have to wait for the next lottery. If they cannot find another sponsor in the 60-day grace period, and have to leave the country, they can continue looking for US jobs from their home country. Once an individual gets a new job, the new employer can immediately apply for a petition that will allow them to move back to the US once it is approved and they have a visa stamp.
Workers who are not able to find a new employer and do not want to leave the US at the end of the 60-day grace period may be able to switch to another temporary status and remain in the country. For example, if they may change to B-2 status and remain as a tourist or switch to F-1 status and go back to school. “Sometimes, we advise filing for a tourist status (B-1/B-2), but that is not guaranteed. However, while the change of status is pending (several months), one can stay in the USA and keep looking for jobs,” Khanna was reported saying.
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