For many people coming to the United States of America, the path toward citizenship often starts with obtaining an employment-based visa. Regardless of what special category it may fall under, work visas of any kind provide nonimmigrants the ability to live and work in the U.S. for the duration of their employment. During this time, some people may choose to stay in the county and apply for a green card. This is often viewed as one of the most substantial steps in the process of becoming a naturalized U.S. citizen.
However, for nonimmigrants who lose their jobs while staying in the country on a work visa, their dreams of becoming U.S. citizens may feel like they have ended before they even began. It is important to keep in mind that losing your work visa does not mean you will be immediately deported or forced to leave. If you are seeking work in the U.S. and are in need of an employment-based visa, do not hesitate to contact an Essex County employment immigration attorney from the Law Offices of Christopher T. Howell, ESQ for more information.
What happens if I lose my job while I am in the U.S. on an employment-based visa?
If you lose your job while residing in the U.S. with an employment-based visa, you will be given a grace period to find a new job. According to United States Citizenship and Immigration Services (USCIS) guidelines, nonimmigrants who have lost their sponsored employment will be given a 60-day grace period to seek a new employer. It is essential to keep in mind that the grace period will go into effect after your final day at your former position; if you cannot find a new job during this time, you will have to leave the country. The grace period may also not apply if your I-94 expires within 60 days.
Once you find employment willing to extend your sponsorship, the employer must file a new Labor Condition Application (LCA) with the U.S. Department of Labor (DOL). After it is approved, they will then have to file Form I-129 with the USCIS. The purpose of this is to ensure that your existing work visa is transferred to your new employer, rather than having to apply for an entirely new visa. Although, if the new LCA is not certified before the end of the 60-day grace period, it could result in discrepancies regarding your visa status. The approval process for an LCA can take a lot of time, which is why it is highly recommended to file it within a minimum of two weeks before the end of your grace period.
