H1B
H1B - Grace Periods & Severance: What You Need to Know
For foreign nationals working in the United States under an H1B visa, the fear of being laid off can be particularly stressful. After all, their legal status in the country depends on their employment. Fortunately, there are options available to those who find themselves in this situation.
H1B Grace Periods: What Are They?
If an H1B visa holder gets laid off or fired, they will have a 60-day grace period during which they can look for another job to maintain their status. This means that they can legally remain in the country and seek new employment without having to leave the United States.
It’s important to note that the grace period starts from the date of the last paycheck. Therefore, if a person receives a severance package, the grace period will begin after the last check is received.
H1B Severance Packages: What You Need to Know
A severance package can give H1B visa holders much-needed time to find a new job. In most cases, severance pay is based on an employee’s length of service, and it can range from a few weeks to several months’ worth of salary.
However, it’s important to note that employers are not required by law to offer severance packages. If a severance package is offered, it’s up to the employer to decide how much they will pay and for how long.
Negotiating Your Severance Package
If you find yourself in a situation where you’re being laid off, it’s important to negotiate the terms of your severance package with your employer. While companies are only required to pay the prevailing wage rate from severance pay, negotiating for a more substantial package can help provide the extra time you need to find another job.
By doing so, you can also ensure that you’re not forfeiting any legal rights or benefits you’re entitled to as an H1B visa holder.
Conclusion
Losing your job can be a stressful experience, particularly for H1B visa holders who must maintain their legal status in the United States. However, understanding your options and negotiating your severance package can help provide the extra time you need to find another job and maintain your status.