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The EB2 category's priority date has been stagnant in 2012, leading many H-1B visa holders to explore other options. Meanwhile, the EB1 category, traditionally utilized by multinational managers, professors, or research professionals, is now being increasingly explored by IT professionals.
This shift is particularly notable among H-1B software developers who have worked on critical software modules at end clients for sectors such as banking, finance, payments, investments, transportation, or healthcare. These professionals may now qualify for the EB1 category after publishing a few research papers, with numerous agencies available to assist in the publication process.
Q2 earnings have been disappointing, signaling the end of the three-year surge driven by COVID-19 government grants. This has led many Fortune 500 companies to adopt a wait-and-see approach as they anticipate the outcome of the presidential election on January 20th, 2025. As a result, there is an increased likelihood of layoffs in Q4, 2024.
Layoffs pose significant challenges for H-1B employees. When companies struggle to generate revenue, cutting expenses through layoffs becomes a common strategy. Even a layoff of just two or three employees can impact a company’s ability to file PERM (labor certification) for 180 days, according to Department of Labor rules.
For H-1B employees, the first and foremost concern following a layoff is the 60-day grace period they have to find another employer willing to file a new H-1B petition on their behalf.
Beyond securing a new job, the green card process becomes a critical issue. If an employee is laid off in the fifth or sixth year of their H-1B period, they must quickly find an employer who is willing to file PERM (labor certification) on their behalf.
The timeline for this process is crucial. It typically takes around three months to complete Pre-PERM paperwork, another four months for the PERM to be approved, and an additional four months for the I-140 to be approved. A total of one year is generally required for both the PERM and I-140 to be approved, allowing the employee to qualify for unlimited three-year extensions.
Failure to file the PERM and I-140 in a timely manner may prevent the employee from securing an extension beyond the six-year limit.
Many H-1B employees are drawn to Indian implementation partners with promises of job stability and the opportunity for a green card. However, these employers often come with unexpected challenges. Major Indian implementation partners frequently undergo layoffs, leaving employees in a state of uncertainty.
For those facing delays in the PERM application process with these employers, exploring opportunities with smaller IT consulting firms may be a viable alternative. As a boutique IT consulting firm, we can assist H-1B employees in navigating these challenges.
This is a sponsored article. We are actively recruiting .NET, Java, Python developers, data engineers, cloud, and AI specialists. U.S. Citizens, Permanent Residents, and individuals authorized by U.S. immigration law are encouraged to apply. H-1B transfers and H-1B layoffs are also welcome. Please submit your resume to [email protected].
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