Pryor Cashman Partner Avram Morell, a member of the firm's Immigration Group, talked to SHRM about the H1-B visa issues that are arising around recent layoffs across the technology industry.

In "Tech Layoffs Put Extra Strain on H-1B Workers," Avi notes that as tech giants such as Amazon and Twitter are letting go thousands of workers, there is an extra impact on people who are in the U.S. on temporary visas. "Most foreign nationals with H-1B visas have only 60 days following a termination to find another job or leave the country," he says. "They often have lived in the U.S. for years and laid down personal and professional roots."

Avi also tells SHRM that the implications go beyond the workers who have lost their jobs:

Morell said the recent and forthcoming layoffs in the tech industry can have a huge impact on foreign workers who remain at the organization. "For the foreign workers who have been lucky enough to avoid the job cuts, many will find their green card application processes scuttled, as a recent layoff creates legal obstacles to applying for a green card—even for those who are still working at the company," he said.

That's because Department of Labor (DOL) regulations restrict employers from beginning the green card process for anyone when the employer has conducted a layoff of similarly situated U.S. workers within the previous 180 days. The DOL will audit cases that are already pending when a layoff is announced to ensure that qualified U.S. workers were not laid off.

"Reductions in force also affect the pipeline of foreign students in STEM programs at U.S. universities who are the future tech workers of America," Morell said. "If U.S. companies signal that they are firing, rather than hiring, foreign students will look to study elsewhere in countries where their investment in education will result in jobs upon graduation."

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