- Neglect: Without someone to manage the properties, they could deteriorate due to lack of maintenance, leading to decreased value or becoming uninhabitable.
- Utilities and Services: Continuous payments for utilities, property taxes, insurance, and other services might be disrupted, potentially leading to liens or service cutoffs.
- Mortgage Payments: If there are mortgages or loans on these assets, missing payments could lead to foreclosure or repossession.
- Property Taxes: Unpaid property taxes can result in tax liens, which, if not addressed, could lead to the property being sold at a tax sale.
- Insurance: Without someone to manage insurance policies, coverage might lapse, leaving properties vulnerable to damage without financial protection.
- Local Regulations: Properties might not comply with local codes or regulations due to neglect, leading to fines or legal action.
- HOA or Condo Association Fees: If part of a homeowner’s association (HOA) or condo association, unpaid fees could result in liens.
- Vandalism and Theft: Vacant properties are often targets for vandalism or theft, which can significantly decrease their value.
- Squatters: Without regular occupancy or management, squatters might take possession, making eviction difficult and costly.
- Adverse Possession: Over time, if someone else occupies the property openly and notoriously for the statutory period (varies by state), they could gain legal title through adverse possession.
- Foreclosure: If the properties are mortgaged and payments are missed, lenders will initiate foreclosure proceedings, leading to the loss of the property.
- Tax Sale: Unpaid property taxes can lead to the property being sold at a tax sale. Many states allow local governments to auction properties with delinquent taxes to recover the owed amounts.
- Liens and Foreclosure: Unpaid HOA fees, utility bills, or maintenance costs can result in liens being placed on the property. If these liens are not cleared, the lienholder might foreclose on the property.
- Adverse Possession: If someone occupies the property in a manner that meets the legal criteria for adverse possession (continuous, open, notorious, exclusive, and hostile), they could eventually claim ownership.
- Abandonment: If the property is deemed abandoned by local authorities, they might take action to reclaim it, especially if it becomes a public nuisance or safety hazard.
- Criminal Forfeiture: Although less likely in this scenario, if the properties were acquired through illegal means or if there are criminal activities associated with them, they could be subject to criminal forfeiture by law enforcement.
The consequences for overstaying the 60-day grace period can be severe. This ban can dramatically alter their life plans, making it harder to return to the U.S. in the future. Beyond the logistical nightmare of leaving assets behind, the emotional toll of knowing they cannot return to the U.S. for several years is not something to be taken lightly.
The new reality for many H-1B visa holders caught in this wave of layoffs is that they face an uncertain future, both in terms of their careers and their personal lives.
Meta and Other Tech Giants Must Shoulder Their Responsibility
For Meta, which has recently laid off thousands of employees, and other major tech companies like Google and Amazon, the responsibility doesn’t end with the severance package. By law, these companies are required to cover the reasonable costs of transporting laid-off workers back to their home countries. These requirements highlight the critical need for tech giants to actively assist H-1B workers in meeting these legal obligations.
When these companies act in good faith and assist their laid-off workers with these costs, it can make the difference between a seamless exit and a nightmare of logistical, legal, and financial complications. If you’re an H-1B worker affected by these recent layoffs, here’s what you should keep in mind:
