Transfer Stuck After H-1B Layoff Amid US Shutdown

A recent case of an H-1B worker shows how the US government shutdown has worsened the already complex immigration process. Even after a smooth layoff, the worker’s situation has turned stressful as their visa transfer remains stuck in administrative limbo.

Employer Acts in Good Faith

The employee said they were laid off last month, and the company’s immigration team quickly filed for the visa withdrawal on September 15. In a rare act of goodwill, the employer kept them on payroll until October 31 and even submitted an H-1B extension.

Race Against the 60-Day Rule

Under US visa rules, an H-1B worker can remain unemployed for only 60 days after termination. For this employee, that period ends on November 15. If the pending extension is not approved by then, they risk falling out of legal status.

Job Offers Frozen by Shutdown

Two job offers are now on hold because the Department of Labor (DOL) has stopped certifying Labor Condition Applications (LCAs) during the government shutdown. Employers must secure an approved LCA before filing an H-1B transfer, confirming fair pay and safe working conditions.

Bureaucracy Traps Foreign Workers

The case shows how foreign professionals get trapped by bureaucratic delays beyond their control. With USCIS operations slowed and premium processing uncertain, workers who follow every rule are still left in danger of losing their legal status due to agency backlogs.