As layoffs continue throughout the tech industry and other parts of the U.S. economy, many foreign workers who have lost their employment have also been faced with significant immigration issues. The immediate issue for many such workers is the potential loss of underlying or temporary status. For example, a laid-off worker in H-1B status only gets a limited 60-day grace period during which a terminated employee can remain in the United States and try to find a new employer sponsor. However, another pressing issue for many foreign workers is sponsorship for U.S. permanent residency, or a green card, which is often also tied to an employer sponsor.

The Immigration and Nationality Act (INA), however, provides two paths to a green card that can be pursued independently of employer sponsorship, specifically EB-1A extraordinary ability classification (INA Section 203(b)(1)(A)) and the EB-2 national interest waiver (INA Section 203(b)(2)(B)). Although the legal standards for these classifications are different, both allow a foreign worker the flexibility to self-sponsor for permanent status if they can meet the high evidentiary standards for these categories via extensive documentation. This can provide a greater sense of security in an unstable market, as well as more freedom to voluntarily change employment. The EB-1A category also offers the added benefit of a drastically shorter wait time for a green card for individuals emigrating from severely backlogged countries (i.e., India and China).

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