In light of significant layoffs in the tech industry, over 95,000 workers have lost their jobs in 2026, raising urgent concerns for H-1B visa holders. Stephanie Lewin, JD, reported on her recent observations at a USCIS testimony, highlighting the precarious situation for tech workers facing job loss and the implications for their immigration status.
Key Details:
- Over 95,000 tech workers laid off in 2026, with Meta cutting 8,000 jobs on May 20.
- The median job search duration is now 83 days, while the discretionary grace period for H-1B workers is only 60 days.
- I-140 petitions filed through the PERM process do not stop the grace period clock and do not protect H-4 spouses’ work authorization.
- Self-petitioned I-140s, like those under National Interest Waiver or EB-1A, remain secure regardless of employment status.
The current job market poses a significant challenge for H-1B workers, as many are discovering the limitations of their I-140 petitions too late. Understanding these distinctions is crucial for maintaining their immigration status during layoffs.
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Source: Stephanie Lewin, JD
