If you get fired, will you get deported?

On Behalf of | Sep 23, 2022 | Employment Immigration

If you use an H-1 employment visa to come to the United States, it’s connected directly to your employment. The entire reason that you were permitted entry into the country was because you were offered a job that you wanted to take. U.S. companies will often search for international talent in the tech sector, the medical industry and much more.

But what happens if you lose your job? It may be your fault, in the sense that you could get fired or have a poor performance record. But it may not be your fault at all, if the company just has to downsize or if mismanagement creates financial problems that lead to the reduction of the staff. But no matter how it happens, if you lose your job, are you going to get deported by the USCIS?

It is possible to be deported

Certainly, the authorities do not immediately deport everyone who gets fired or loses their job. But it is possible. It’s unrealistic for the authorities to know instantly when everyone is fired, but they may eventually find out. Some of that depends on your employer, who is supposed to report the termination. If they do that, then the administration will quickly know that you are no longer employed. Not all employers adhere to this rule perfectly, and the government could also give you a grace period, but that is what they are supposed to do in this situation.

One potential solution is to start looking for another job as soon as you lose the one that you have. In some cases, there’s enough of a delay that people can get a new job that allows them to stay within the country.

But it is important to focus on work. Don’t just overstay your visa. If it turns out that you knowingly overstayed the visa and you are no longer employed, then you could face removal procedures. Remember that people who overstay their visas on one of the main forms of illegal immigration in the United States. The government is very wary of this and you don’t want to accidentally violate their policies – even if the reason that you lost the job is entirely out of your hands.

Understanding your rights

You are certainly in a complicated situation, and there are a lot of moving parts. Always be sure that you fully understand your rights, the options that you have and how to protect your status and your future.



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