"Sometimes, Dead is Better" - Contrarian Thoughts for H-1Bs/L-1s on Layoffs in Big Tech

Layoffs are clearly bad for those laid off, but what about the people who remain?

In recent days various U.S. companies, particularly well-known technology companies, have announced significant layoffs.

Via social media, there has been a deserved outpouring of support for those laid off, including ideas and advice to H-1B workers who were laid off who face special timing considerations which create some intensity to their options. I made my own modest contribution to those discussions, via linkedin.

There has been less focus on the people “left behind.”

If you are working at one of these companies and you were NOT laid off, then there is likely a lot of complexity to your work life -

• First, you are grateful to have a job;

• Second, you feel badly for your former colleagues (many of whom are likely your friends), and you likely want to support them as best as possible;

• But soon (perhaps very soon!) you will realize that there is a lot of work to do, and not a lot of people to do the work;

• Also, because your employer is clearly engaged in belt-tightening, now is probably not the right time for you to ask for a raise, or to make other ‘demands’ of your role - like starting the green card process. How long does that honeymoon last?

Workers who are still employed and who are in the U.S. on temporary work visas have important timing issues. While those ‘left behind’ do not necessarily have the urgency of decision-making as those laid off, those left behind may be lulled into a sense of complacency - which could definitely be problematic. As an immigration lawyer, I am thinking about them now.

The rest of this post (after the darn paywall!) will discuss some of the issues faced by those still employed at companies who recently had layoffs. I will offer some ideas on what to do and what to consider.

My conclusion is that every person, particularly anyone on a time-limited temporary work visa, like H-1B or L-1, must maintain a pro-active, individualized assessment of their employment and immigration situation because many of the people who were NOT laid off may be better off leaving their current employer ASAP than staying at a struggling company and trying to obtain a green card, particularly if they have to get through PERM.

Leaving does not mean you are ungrateful for the position and the opportunity; but leaving (or at least considering leaving) may be necessary because U.S. immigration law provides a very limited window to pursue permanent residence. Non-immigrant workers in H-1B and L-1 visa status must always remain vigilant of advocating for themselves during their limited window of authorized time, per their temporary work visa status.

---

The rest of this post will cover:

1. What does the law say about layoffs and PERM?

2. What is Supervised Recruitment and will it return with a vengeance?

3. What practical issues exist apart from the law?

4. What can be done? Here are 5 IDEAS -