Losing Your Job on a Work Visa: What You Need to Know

Summary

Losing your job while on a work visa can immediately put your immigration status at risk. Attorney Nisha Karnani explains how a B-1 Visa may be more appropriate than a B-2 for job interviews and how having the proper legal guidance is crucial to planning your next steps, especially if you receive a Notice to Appear (NTA).

If you have questions about your immigration work status, contact Antonini & Cohen at (470) 428-3200 to schedule a consultation.

At Antonini & Cohen, we know how. We fight harder.

Standard Read

Losing your job while on a work visa can create uncertainty not only for your career, but for your ability to remain in the United States. Partner Nisha Karnani shares what you need to know so you can maintain your immigration status while you search for a new job.

If you’ve recently lost your job or are planning your next steps, call Antonini & Cohen at (470) 428-3200 to schedule a consultation. Our experienced immigration attorneys will help you evaluate your options and create a strategy to protect your status.

At Antonini & Cohen, we know how. We fight harder.

B-1 Visa Vs B-2 Visa

Many individuals are currently changing to a B-2 visitor visa for the purpose of interviewing for jobs. Immigration may view this as an improper use of the B-2 visa, leading to additional scrutiny or denials that could result in a Notice to Appear.

A B-1 visitor visa may be a more appropriate option for certain business-related activities, including interviews. However, selecting the correct status depends on your specific circumstances, and making the wrong decision can have lasting consequences on your immigration record. Speak with an Antonini & Cohen immigration attorney today to ensure you are on the best path towards maintaining status.

Risk of Notice to Appear

Some individuals who lose their jobs may receive Notices to Appear (NTAs), which place them in deportation proceedings. This makes it even more important to act quickly and strategically.

Plan Your Next Steps with A&C

If you lose your job, you should speak with an Antonini & Cohen Atlanta immigration attorney immediately. Our experienced attorneys can help you identify the correct path forward, file the appropriate applications, and prepare you for any potential challenges, including how to respond if you receive an NTA.

If you lost your job while on a work visa or have any immigration questions, contact Antonini & Cohen at (470) 428-3200 to schedule a consultation.

At Antonini & Cohen, we know how. We fight harder.

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For more tips on maintaining your immigration status after losing your job, click here.

Transcript

Hi, I'm Attorney Nisha Karnani at Antonini & Cohen Immigration Law Group. I wanted to give you an important update if you are on a work visa and lose your job.

We are noticing a trend of those who are laid off from their jobs, for example, on an H-1B, where they're changing status to B-2 visitor to interview for jobs, where they are facing some denials or pushback from immigration, where immigration is alleging that's not a correct or appropriate use of the B-2.

So here's what you need to know.

The first thing is that a B-1 might be more appropriate than a B-2 for interviewing for jobs.

The second thing you need to know is, unfortunately, some folks are getting notices to appear in deportation proceedings when they're in-between jobs.

The third thing you need to know is you want to contact an attorney right away if you lose your job, so the attorney can help you plan the correct applications that you need and also plan what to do just in case you get one of those notice to appear.

If you have any questions about job changes with immigration or any other immigration issue, call us at Antonini and Cohen. We know how, and we fight harder.

Frequently Asked Questions

Can I switch to a B-2 visa after losing my job on an H-1B?

You can apply to change status, but using a B-2 to search for jobs is risky. USCIS may determine that job searching is not a proper use of B-2 status, which can lead to denials or increased scrutiny on your immigration record.

Is a B-1 visa better for job interviews?

In many cases, yes. A B-1 visa may be more appropriate for business-related activities including interviews. However, eligibility depends on your specific situation. Speak with an Antonini & Cohen attorney before applying to make sure B-1 is the right fit for you.

What is a Notice to Appear (NTA)?

An NTA is a legal document that places you in deportation proceedings. If you receive one, act immediately. Do not wait! Contact an Antonini & Cohen immigration attorney the same day.

How quickly do I need to act if I lose my job on a work visa?

Immediately. The moment you lose your job, your status timeline starts. The sooner you speak with an Antonini & Cohen attorney, the more options you have. Waiting reduces those options significantly.

What should I do if I lose my job while on a work visa?

The attorneys at Antonini & Cohen can evaluate your current status, identify the correct visa pathway for your situation, file the right applications on your behalf, and prepare you to respond if you receive an NTA. Call (470) 428-3200 to schedule a consultation.

Resource

Nisha Karnani is a Partner at Antonini & Cohen Immigration Law Group, where she leads the firm’s business immigration team. She advises employers of all sizes—from startups to multinational corporations—on navigating complex H-1B, L-1, TN, and PERM processes. Known for her strategic solutions and hands-on guidance, Nisha helps business leaders secure the talent they need while ensuring compliance with fast-changing immigration policies.