Alternative Pathways for Indian H-1B Workers After US Layoffs

Individuals in the United States on H-1B visas are highly skilled professionals. However, they are not entirely shielded from job layoffs. When such unexpected job loss occurs, it’s essential for these professionals—particularly Indian nationals working in the U.S.—to have a “Plan B” in place to maintain their legal status.

Several alternative visa options are available to help laid-off H-1B holders stay legally in the country while exploring new opportunities:

B-2 Visitor Visa: By applying for a B-2 visitor visa in a timely manner, individuals can remain legally in the U.S. for a few additional months. This period allows them to consider their alternatives calmly and make appropriate decisions.

F-1 Student Visa: Changing to F-1 student status is a viable option for those who are willing and able to pursue further education in the U.S. It ensures legal stay while enhancing educational qualifications.

H-4 Dependent Visa: If the applicant’s spouse holds an active H-1B visa, switching to H-4 dependent status can be the most secure and practical option. It allows the individual to stay in the country as a dependent.

Returning to Home Country: Some professionals may opt to leave the U.S. before their grace period expires. While this maintains their legal status and avoids overstaying, returning later on a new H-1B visa might involve a hefty $100,000 fee imposed on employers.

Being aware of these options and acting swiftly can help ensure a smoother transition during uncertain times.

H-1B visa, layoff, B-2 visa, F-1 student visa, H-4 dependent