High-Tech H-1B Layoffs Need Not Result in a Trip Home

We read about massive layoffs in the tech industry. We’ve heard a lot of gnashing of teeth about upsetting families and sending many H-1Bs back home, usually to India. I learned that the Department of Homeland Security is going to great lengths to mitigate the impact of the forced removal of thousands of her H-1B workers.

Of course, the press is lamenting the bad news for these alien families.

But what is now clear is that the U.S. immigration system has existing solutions to potential immigration problems: H-1Bs do not have to leave the country and neither the government nor the Indian press don’t understand that. , they keep it a secret.

it is. H-1B or L-1 employee layoffs are not required to fly home. People may have to make slightly different arrangements, their incomes may fall, but no one will be deported.

So far, hidden alternatives to forced migration carry the letters OPT, which stands for Optional Practical Training Program.is available all aliens I am currently in the US as an H-1B (High Tech Worker) or L-1 (International Company Executive).

The terms aren’t as attractive as staying in H-1B or L-1 status, but there are no evictions.

And above all — for the aliens, if not the rest — it is federally subsidized.

What we are describing is a little-known employer saving 8% of salaries if it hires a foreigner who has recently graduated from a U.S. university or is currently enrolled in such an institution. There is no program. Such subsidies do not go to civil college graduates.

A detailed article on Indian news site Mint reminded me of the potential role of the OPT program in helping laid-off foreign workers. 1B’: 4 expert tips on what to do to stay in the US’.

Mint, citing immigration attorney Robert Webber, said that L-1s who didn’t have to go through the H-1B lottery in the past would probably have to if they lost L-1 status. writing. What he may have added is that his L-1 visa for employees of international companies is an easier way to get high-tech jobs in the US than an H-1B. Because there is no cap and no lottery.

Then, in an unacknowledged bow to Indian nepotism, he suggested to the jobless L-1:

Webber also encourages those who have lost their jobs to check the nonprofit sector where the H-1B is exempt from the cap and look for the I-20 form for an F student visa to explore the possibility of becoming a student again. I suggested.

The lawyers did not elaborate on the universal availability of this approach for foreigners to complete their master’s degrees in the evenings or on weekends and possibly a second or third master’s degree. He doesn’t need a demanding school, doesn’t have to worry about caps or government fees, and can even take courses he’s taken before at other institutions. Afterwards, he is eligible for federally-funded employment in an optional hands-on training program during school and for three years thereafter.

This alternative may not be as attractive as renewing your H-1B visa — you’ll have to pay tuition — but it’s possible. all A laid off alien with no ceiling or cap. No one has pointed this out before.

Employers will also be interested because the OPT program has no labor standards and offers employers an 8% discount. Employers of OPT workers do not have to pay a share of the payroll tax, thus receiving discounts never available to employers of citizen workers. These taxes support Social Security, Medicare, and federal unemployment insurance programs, so OPT employers receive subsidies from the country’s elderly, sick, and unemployed workers. (H-2B employer conduct pay these taxes. )

Things to watch out for all Foreign workers laid off from H-1B and L-1 jobs are eligible for this federal grant program. all of them.

On some of these layoff nuances, Mint reminds us that when H-1B workers lose their labor market position, so do their spouses. The same applies to her L-1 workers and their spouses.

While the tragic fate of foreign spouses is sure to be in the press again and again, much less has been written about the federally subsidized solutions offered to them by the OPT program. No Offered to dismissed civil tech workers.

These are the winners and losers in layoffs and OPT adoption scenarios.

big winner — Employers of foreign workers. Its overall labor costs are reduced by subsidies and a lax labor market, without having to pay DHS high H-1B fees.

winner — US higher education includes some questionable institutions that get more students and more tuition.

Partially elected — Foreign workers who lose their income but their ability to stay in the United States

loser — U.S. tech workers looking for jobs in a labor market full of applicants whose wages are falling.

loser — A predominantly civilian population dependent on programs such as Social Security and Medicare.

loser — Some female foreign workers working as new F-2 visa holders (spouses of international students) are not allowed to work unless following the OPT route.

Yes, again, employers first and women last.

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