3 Questions About Immigration and Employment, Answered


Immigration issues can seem labyrinthine and confusing, especially to those caught in the middle of them. The current Covid-19 crisis has created even more opportunities for confusion and concern.

Here are a few of the most common questions we’re seeing at this office. 

#1) Will using unemployment threaten your visa?

Millions of Americans have lost their jobs recently, and many of them have filed for unemployment. Many immigrants have lost their jobs too…but have avoided doing the same, for fear that it might jeopardize their green card or visa applications.

After all, “public charge” restrictions have been all over the news of late. Plenty of people have heard that using Medicaid or applying for certain programs can put an end to their immigration dreams.

Good news, though: unemployment is different. It’s considered an “earned benefit” and isn’t considered for the public charge review. In addition, the “public charge” rule doesn’t have anything to do with green card renewals or citizenship applications. If you’ll be seeking to engage in these types of immigration actions you might not have to worry at all.

#2) What happens to an H-1B visa holder when they get laid off?

Usually the visa status ends. The visa holder gets a 60 day period to find a new sponsor or to receive a change of status. This could be difficult in an era where many people can’t find jobs and where H-1B denial rates are up.

If you are an H-1B visa holder it might be a good idea to reach out to an immigration lawyer now, even if you haven’t been laid off. Several senators are pressuring the Trump Administration to suspend all guest-worker visasGiven the difficulty in moving over borders and delays in processing status applications it will be important to have help determining what your next steps should be. 

#3) What’s going on with DACA? 

The Supreme Court still hasn’t decided whether the DACA program will continue. Your best bet is to submit your renewal application as quickly as you can regardless of what you think the Supreme Court is going to do. 

This may get stickier because USCIS may run out of money before the end of the summer. They’re scheduled to reopen on June 4. Right now they’re having trouble operating because fees from immigration matters pay most of their bills. 

The USCIS staff has continued to perform remote work. 

We’re still here for you.

We are watching the unfolding Covid-19 and immigration issues very closely. If you’re not sure what to do, you can always call for a consultation. 

Having a qualified immigration attorney on your side is one of the best way to avoid issues and pitfalls. It may also free you up to take certain actions that might help you, like filing for unemployment.

Call today to get the specific information you need.

See also:

The Latest News on How Covid-19 Is Shaping Immigration Policy

Coping With Loss of Status in a Crisis

Covid-19 Continues to Impact Immigration

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