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Is it a visa violation if you lose your job?

On Behalf of | Oct 2, 2024 | Immigration & Naturalization

Accepting a job offer in the United States is one way to get a visa. Your employer may identify that you have special skills or abilities that they need. They can then sponsor your visa so that you can come to the United States and fill that role at the company. 

This is how many international employees enter the U.S. originally, but it does raise some questions. For example, you may wonder what will happen if you lose the job. If the company has to downsize or if you get fired, does that mean that you’re going to be deported by the U.S. government because you no longer meet the requirements of your visa?

Seeking another job

The key is to immediately begin looking for another position if you lose your job. Many visas have a grace period. For example, with an H1B visa, you get 60 days to find another job. If you do, then you do not have to worry about deportation. It is only if you are unemployed long-term that it becomes an issue.

The government does this because it wants to stop people from using a job as an excuse to move to the United States and then overstaying their visas. But it’s very different if someone does this intentionally, as opposed to someone who is actively seeking employment – but who may just have lost their job due to factors outside of their control.

That being said, you can see how your immigration situation is a bit precarious. Be sure you are well aware of all of the legal options you have.