META (Facebook) Layoffs include H-1B Workers

November 9, 2022

Meta, the parent company of Facebook, announced that it is laying off 11,000 employees or 13% of its workforce. Meta, as many U.S. based technology companies do, uses H-1B visas to employ nonimmigrants in specialty occupations within their companies. This visa allows an employer to hire nonimmigrants in specialty occupations where employers are not able to find U.S. based workers to fill those roles.

In a letter to employees, Mark Zuckerberg stated, “I know this is especially difficult if you’re here on a visa. There’s a notice period before termination and some visa grace periods, which means everyone will have time to make plans and work through their immigration status. We have dedicated immigration specialists to help guide you based on what you and your family need.”

As the H-1B visas are employer-sponsored, employees on these visas have a 60-day grace period to find another employer who would sponsor them and their family members for this visa. The sponsorship includes a commitment from the U.S. employer to pay the legal fees of the H-1B visa application process, including the fees for the application to change from one employer to another. If a nonimmigrant is unable to find a new employer to sponsor or petition the visa for the employee and their family, they will be forced to return to their country of citizenship by the end of their grace period.

Although the grace period allows for 60 days, many H-1B workers have homes, lives, and families whose lives are established in the United States. The Employer must offer to pay for the return flight to the nonimmigrant’s country of last residence or country of citizenship. This option, of course, does not account for the eventual upheaval that can occur in the lives of these employees and their families.

If you or someone you know is in need of legal counsel regarding this matter, please do not hesitate to contact us at (215) 925-0705.

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