- Find a new H-1B sponsor: This is the most crucial step. The employee needs to find a new employer willing to sponsor their H-1B visa within the 60-day window.
- Change immigration status: Explore alternative visa options, such as an F-1 student visa or an H-4 visa (for dependents of other H-1B visa holders).
- Depart the U.S.: If unable to find a new sponsor or change their status, they must leave the country within the 60-day grace period.
Failure to comply with these requirements can result in serious consequences, including:
- Unlawful Presence: Remaining in the U.S. beyond the grace period without a valid visa can lead to unlawful presence.
- Re-entry Bans: Unlawful presence can trigger travel bans, ranging from three to ten years, depending on the duration of the overstay.
- Deportation Proceedings: In some cases, individuals with unlawful presence may face deportation proceedings.
This round of layoffs, announced as part of Meta’s new performance evaluation cycle, is a departure from the previous efficiency-based cuts. Zuckerberg has made it clear that these layoffs will focus on employees who are deemed low performers, marking a shift in Meta’s culture towards stricter performance metrics. This is in line with the company’s broader shift to prioritize technological capabilities, particularly in machine learning and artificial intelligence, as Zuckerberg plans to invest heavily in these areas to maintain Meta’s competitive edge.
‘Stargate: The $500-Billion Trump-Endorsed Plan to Power U.S. AI: Tech giants are backing a massive effort, announced by President Trump and dubbed the Stargate Project, to add data centers across the U.S.
Trump announced an initiative in January for several technology giants to invest at least $500 billion in artificial intelligence and data centers at U.S. locations over four years.
The Stargate Project is a new company with SoftBank, OpenAI, Oracle and MGX as lead investors. Microsoft and Nvidia are partnering in the project and construction at one site has started at a site in Texas, according to an Open AI press release. Approximately $100 billion is expected to be spent on Stargate “immediately,” the company said.
Zuckerberg has consistently emphasized the importance of AI for Meta’s future, investing heavily in AI research and development within the company. Stargate aims to create AI agents that can autonomously perform tasks and interact with the world. This aligns with Zuckerberg’s vision of a future where AI plays a significant role in various aspects of our lives. Zuckerberg likely views the potential benefits of AI agents as a driving factor behind his layoff decisions.
While the focus on performance might seem like a logical step for a company striving for excellence, it has created an atmosphere of fear and uncertainty among employees. Some workers who had previously received positive performance reviews were still let go, raising concerns about the fairness of the evaluation process. As one employee put it, the company’s sudden shift in its performance review method felt like a “George Orwell novel”—stripping away the security they once felt in their roles.
The Impact on H-1B Workers and Legal Ramifications: For H-1B visa holders, the implications of this performance-based approach are particularly dire. Upon receiving notice of termination, the employee’s visa is invalidated immediately, leaving them in a precarious situation. They must find a new H-1B sponsor within 60 days or face the possibility of leaving the U.S. or changing their visa status—options that are not always feasible. Those who overstay their grace period without valid status could face a three-year or even ten-year re-entry ban.
This situation places immense pressure on workers who might not only be facing the loss of their job but also the potential disruption to their immigration status. For those unable to secure new sponsorship in time, deportation could follow, permanently affecting their career prospects in the U.S.
What Meta’s Layoffs Could Mean for the Broader H-1B Community: Meta is one of the largest employers of H-1B visa holders, and the company’s decision to lay off thousands of workers could have ripple effects across the entire H-1B visa landscape. Given Meta’s role in the tech sector, many of these workers could face stiff competition for limited job opportunities as other tech companies also tighten their belts or adopt similar hiring practices.
In addition to the direct impact on laid-off employees, the potential for a broader shift in how H-1B visa holders are treated by employers in the tech industry could reshape the landscape for foreign workers in the U.S. If more companies follow Meta’s lead with performance-based layoffs, it could lead to increased job insecurity for this segment of the workforce. Moreover, as companies pivot toward hiring machine learning engineers and other AI specialists, workers in other roles—especially those deemed to be underperforming—could find themselves more vulnerable to layoffs.
While H-1B visa holders are granted a 60-day grace period to find a new sponsor or adjust their status after being laid off, this is a tight window. The reality is that finding a new employer willing to sponsor a visa in just two months can be incredibly difficult, especially in an environment where layoffs are increasing, and the demand for specific tech talent, no longer aligns with the needs of many tech giants.
Before the significant rise of Artificial Intelligence (AI), many “Specialty Occupation” positions filled by H-1B visa holders in the tech industry were held by software engineers and data scientists. However, the rapid advancement of AI has shifted the demand towards highly specialized roles such as Machine Learning Engineers, AI/ML Researchers, and AI/ML Architects.
The unfolding layoffs at Meta underscore the fragile position many H-1B visa holders find themselves in. While Meta’s shift to performance-based layoffs is aimed at improving the company’s competitiveness, it could have serious consequences for the workers who helped build the company. For those on H-1B visas, the loss of a job is not just an economic setback—it’s a potential legal minefield that could upend their careers and their lives in the U.S.
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