A recent LinkedIn post by Adriano Botter highlighted the experience of Priya, an O-1 visa holder in New York, who faced misinformation from her employer regarding her visa status. After receiving a better job offer, Priya’s manager threatened to revoke her O-1 visa support if she resigned, leading to three weeks of panic before consulting an immigration attorney.
The attorney clarified that while an employer can notify USCIS of the end of employment, they cannot retroactively revoke an already approved O-1 visa. This notification grants a 60-day grace period for the visa holder to secure new employment or leave the country. Armed with this knowledge, Priya proceeded to accept her new job offer, demonstrating the importance of understanding immigration rights and regulations.
Key Details:
- O-1 visa holders have a 60-day grace period after employer notification of employment termination.
- Employers cannot retroactively revoke an approved O-1 visa.
- Consulting an immigration attorney can clarify misconceptions about visa status.
- Awareness of immigration rights can prevent unnecessary panic and confusion.
This situation underscores the need for better education among O-1 visa holders regarding their rights and the immigration process.
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Source: ADRIANO BOTTER