Delayed Green Card processing due to layoffs in the IT industry

In this ice age, technical developments and global competition are soaring high. Whereas on the other hand, these advancements have given rise to new challenges. Many software companies are opting for “layoffs” as their default solution to address these challenges. “Layoffs” has become the scariest and most buzzing word worldwide in recent times. Many US-based software companies like Google, Microsoft, Meta, Amazon, Twitter, and many more have laid off more than two lakh employees over the last four months. Moreover, layoffs are not confined to the IT industry; they also affect the financial, retail, healthcare, and energy industries. Usually, layoffs depend on various factors, including cost-cutting, workforce reduction, relocation, buyouts, and mergers, depending on the industry. In fact, layoffs have a huge impact on employment, prospects, goodwill, psychological health, and financial well-being also.?

Well, instead of focusing on layoffs and the driving reasons, this blog provides complete information on the impact of layoffs on green card processing.

Impact of Layoffs on Green Card Processing

Every year, numerous US-based IT companies hire millions of individuals around the globe. It is well known that American immigration regulations are quite complex and stringent. Employees are not permitted to work in any of the companies unless they have labor certification referred to as Program Electronic Review Management (PERM) and Prevailing Wage Determinations (PWD). The majority of employers handle their employees' green card visa processing, although a handful really don't. At this point, the rest employees are reliant on immigration consultants for green card visa processing. Once after applying for work permit certification, the US Department Of Labor (DOL) is responsible for reviewing and processing all the applied employment-based applications like Prevailing Wage

Determinations (PWD) and Program Electronic Review Management (PERM) labor certification.??

Hence, it's pretty clear that employees working for both technical and non-technical companies in the United States must have a government employment certificate, i.e. PWD (or) PERM. Now, think about the scenario if an employee is laid off during the green card application process. Continue reading to know more.

What happens if an employee gets laid off during the green card processing?

Well, let me go over a few examples of how layoffs might affect the green card application process.?

• What if an employee is terminated at any stage during the green card application process, which includes completing the PERM labor certification procedure and securing a prevailing wage determination?

If an employee is terminated at any stage of the PERM labor certification process,

1. The employee will no longer be able to proceed with the green card application process.
2. The employee who changes the job will have to start their PERM labor certification right from the beginning, as the PERM process cannot be transferred from one employer to the other.?

• The employee has finished the PERM labor certification process and has received the prevailing wage determination. Now the employer submits the I-140 petition & it's pending, and the employee is suddenly laid off?

If an employee is terminated during the I-140 petition process,

1. The employer has the authority to withdraw the I-140 petition and request its cancellation legally within 180 days of the I-140 petition's approval.?
2. ?If the employee changes the job, now the new employer has to submit the green card application right from the beginning.?

• The employer submitted an I-140 petition for the employee, which was granted. Finally, the I-140 petition has been authorized for the last 180 days.

1. The employer cannot cancel the approved I-140 petition and the employee retains the priority date from the I-140.

• What if an employee is laid off by the employer after PERM approval and the I-140 approval? Now the employer revokes the employee's I-140 petition.?

If an employee is terminated by the employer after PERM approval,

1. The employee's I-140 petition cannot be revoked by US Citizenship and Immigration Services (USCIS), and the employee retains the priority date from the I-140.
2. USCIS allows H-1B employees to extend their H-1B status if they are the beneficiary of an approved immigrant worker petition (I-140) but they can't file a green card application because their priority date is no longer current.
3. If the employee is married and has an H-4 dependent spouse, then she can file for an Employment Authorization Document (EAD) based on the granted I-140 petition.

• What if an employee is terminated while the I-485 and I-140 are outstanding for more than 180 days?

If an employee is terminated while the I-140 and I-485 are pending for more than 180 days,

1. In accordance with the US Citizenship and Immigration Services (USCIS), if the employee is approved with the I-140 and the 1-485 has been pending for the previous 180 days, the employee can move to a new employer where the employee job is similar to the one mentioned in the PERM labor certification.

Conclusion

To summarise, the employment-based green card application procedure is quite complicated. Based on the status of the employee termination in relation to the I-140 petition processing, the employee may or may not be permitted to retain their priority date and continue their adjustment of the status procedure. Therefore, it is important for an employee to consult with an experienced immigration attorney, who can guide the employee through the green card process and determine whether he/she can retain their green card despite being terminated.?

I hope you found this blog to be informative and that it covered all aspects of tech layoffs and their impact on green card processing. Please leave your feedback, comments, queries, and concerns in the comment section below. Our team is glad to help you.??