Many H-1B professionals believe that strong performance and loyalty will protect them from layoffs; but immigration experts warn that this assumption is risky.
With Trump’s recent U-turn on H-1B policy and ongoing restructuring across the tech and defence sectors, foreign workers continue to face the harshest consequences.
The moment an H-1B employee loses their job, the immigration countdown begins.
Experts say most H-1B workers are caught off guard when layoffs occur. The biggest mistake they make is thinking, “It won’t happen to me.” Once employment ends, the worker enters a strict 60-day grace period.
While it may sound sufficient, lawyers stress that those two months disappear quickly as workers struggle with the shock, search for a new employer, and manage paperwork simultaneously.
A common pattern is seen among laid-off visa holders: they assume their company’s good performance guarantees job security, or they believe they can easily find another job in a competitive market.
Some wait too long, hoping their employer will reverse the decision — something that rarely happens.
So what should an H-1B worker’s Plan-B look like?
Immigration attorneys say having a backup plan is not pessimistic—it is essential for anyone whose legal status is tied to employment. Several practical options can provide a safety net:
1. File for B-2 Visitor Status
A timely B-2 application can provide extra months in the U.S. It does not allow employment, but it gives breathing room to plan next steps.
2. Switch to F-1 Student Status
Some workers choose to upskill by enrolling in academic programs. If the course start date fits within the 60-day window, this is a legal way to remain in the country.
3. Move to H-4 Dependent Status
Often overlooked, this is one of the safest options for workers whose spouse is also on H-1B. If eligible for H-4 EAD, the person can even continue working.
4. Returning Home - With Caution
For some, going back to their home country is the only option. But re-entering the U.S. on a new H-1B approval can trigger the recently imposed $100,000 H-1B fee under Trump’s new rule, creating additional financial and legal challenges.
Immigration experts emphasise that H-1B professionals must prepare early and avoid assuming that their job is secure.
A well-planned backup strategy can make the difference between a smooth transition and a crisis.
