By Samuel A. Lopez – USA Herald
[MENLO PARK, CA] – The recent wave of layoffs at Meta and other major tech companies has created a storm of uncertainty for thousands of H-1B visa holders in the United States. For many workers, this is not just a job loss—it’s a complex legal and financial challenge that can be exacerbated by immigration laws, property concerns, and the looming threat of re-entry bans.
When Meta or any other company lays off an H-1B worker, the U.S. government allows a 60-day grace period to secure new employment or take steps to change their status. For many workers, especially those who have overextended their stay in the U.S., the grace period is their only hope of avoiding serious immigration penalties.
The clock starts ticking the day after an employee is terminated. If the worker doesn’t find a new sponsor or apply for a change in status by the end of this period, they risk accruing unlawful presence in the U.S.—a situation that can trigger an automatic ban from re-entry. In such cases, the worker may find themselves effectively locked out of the U.S. for 3-10 years, depending on the severity of the overstay.
As laid off H-1B workers contemplate their next steps, the U.S. immigration law requires their employers to bear the reasonable costs of transportation back to their last place of foreign residence. This is especially important for individuals from countries like India and China, where H-1B holders often have significant family and financial ties. According to 8 CFR 214.2(h)(4)(iii)(E) and 8 CFR 214.2(o)(16), it is the responsibility of the H-1B employer or the O petitioner to cover these travel expenses if the employee decides to return to their home country after losing their job.
This legal requirement, while well-intentioned, creates another layer of financial complexity for both the employer and the laid-off worker. With major tech firms, like Meta, having recently conducted mass layoffs, the real impact of these regulations may only begin to be felt as workers scramble to meet these financial obligations.
Imagine a scenario: an Indian software engineer, once a valued member of Meta’s team, is laid off and, despite efforts, cannot secure a new H-1B job within the 60-day grace period. His visa has expired, and now he is left facing deportation. But what about his assets? After years of living in the U.S., this worker has accumulated significant property—real estate, cars, and boats—that he cannot take with him when deported.
Without family or friends who can help sell or manage these assets, and reluctant to engage a trustee, the worker faces an uphill battle. What happens to the property? Under U.S. law, when an individual faces deportation due to visa violations or overstays, their right to hold or manage U.S.-based property can be severely impacted. If these assets are left unmanaged, the worker risks forfeiting ownership. Properties can be seized, taxes unpaid, or assets left to deteriorate without oversight, leading to a loss of property rights.
The potential problems they could encountered are significant:
