Twitter’s mass layoffs had put a lot of pressure on employees working as foreign nationals in the United States, particularly for H-1B visa holders, according to a Forbes report. Under existing standards, they now have 60 days with their immigration status in jeopardy. Finding new work for these laid-off employees, who are in the country while holding H-1B status, is critical to maintaining their immigration status, the agency further said. H-1B visas are nonimmigrant visas that allow foreign workers in skilled trades to reside and work in the US for a limited period of time. To qualify for such a visa, a foreign worker must be sponsored by an employer in the United States. Interestingly, Twitter’s new owner Elon Musk also arrived in the US on an H-1B visa years ago to work, the Forbes report further said. The agency said there are about 625 to 670 Twitter employees in H-1B status, or about 8 percent of the company’s 7,500 employees, based on a National Institute for American Policy analysis of US Citizenship and Immigration Services (USCIS) data. . With the mass layoffs on the microblogging platform, it is not clear how many foreign nationals were fired. Also read: Reboot then blank screen: How Twitter staff found out they were fired What it means for employees: Foreign nationals in the United States work on H-1B, L-1, or O-1 visas. All of these come with a different set of rules. It is noted that the 2017 USCIS regulation gives H-1B visa holders a 60-day “grace period” after termination. Kevin Miner, partner at Fragomen, told Forbes: “Once employment is terminated, an H-1B visa holder enters a 60-day grace period during which they must leave the US, request a change of status, or find another employer. file an H-1B petition or other immigration petition on their behalf.” He added that if the above is not done, then the person is considered to be in violation of their immigration status. Mr. Miner further said that “H-1B workers benefit from the fact that they are already counted against the annual H-1B quota, so it is somewhat easier for another employer to sponsor them. Workers who hold other types of immigration status, such as L-1 intra-company transfer visas, they often have a harder time dealing with their immigration status than someone with H-1B status because it’s a little easier for another employer to apply for them on short notice.” What it means for employers: Employers are required to notify US Citizenship and Immigration Services. when there is a “substantial change” in the terms and conditions of an approved H-1B petition, such as when an H-1B employee’s employment has been terminated. According to the official website of the US Citizenship and Immigration Services, “Your employer will be responsible for the reasonable cost of transporting your return if your employer terminates your employment before the end of the period of of your authorized residence. Your employer is not responsible for the costs of your return transportation if you voluntarily resign your position.” It adds that the employer will pay the H-1B worker a wage that is no less than the wage paid to similarly qualified workers. Mr. Miner said in an interview with Forbes, “It is especially important for employers to ensure that these requirements are met because they can be subject to significant fines and back pay awards if this is not done properly. In addition, layoffs resulting from layoffs it can sometimes result in a dismissed worker being unhappy with their former employer and thus more likely to file a complaint with the government about immigration compliance.”
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