Challenges Faced by Laid-off H-1B Visa Holders
Amid the Trump administration's stringent immigration policies, laid-off workers on H-1B visas are facing difficulties while trying to extend their stay in the US by switching to short-term B-2 permits. This situation has become particularly challenging for tech industry workers, many of whom are from India.
Impact on H-1B Workers
- Major tech companies like Amazon, Oracle, Cognizant, and Meta have recently laid off thousands of employees, many of whom hold H-1B visas.
- H-1B visa holders have a 60-day period to secure new employment; failing which, they must return to their home countries.
- Given the tough job market, many are considering switching to B-2 visas, which allow stays of up to six months for purposes such as pleasure or tourism.
Policy and Legal Landscape
- USCIS had archived rules a year ago that permitted B-2 holders to search for jobs.
- While transitioning to B-2 is legal, authorities are increasingly scrutinizing the reasons for extended stays.
- This scrutiny has led to a spike in Requests for Evidence (RFEs) and visa denials.
Expert Insights
- Rajiv Khanna, an immigration attorney, reports a noticeable increase in RFEs and Notices of Intent to Deny for change-of-status applications from laid-off H-1B workers.
- Khanna notes a tenfold increase in such cases compared to any previous point in his career.
- Other immigration experts confirm a rise in RFEs and visa denials in recent months.
Policy Changes and Statistics
- The Trump administration introduced a $100,000 fee for new H-1B petitions, complicating the situation for workers.
- Layoffs.fyi data shows over 110,000 layoffs in 2026 across 144 companies, potentially impacting 25,000 H-1B workers, assuming a 10% immigrant employee population in tech companies.
- According to a 2026 USCIS and Department of Homeland Security report, Indians accounted for 283,772 of the 406,348 approved H-1B petitions in FY25.
Emotional and Social Impact
- Indians, being the largest beneficiaries of the H-1B program, are among those hardest hit by tech firm layoffs.
- Many have been in the US for nearly a decade, with US-born children and mortgages, leading to feelings of fear, anger, and abandonment.
- For these individuals, recent policy shifts have felt abrupt and personally impactful.
