An H-1B visa is a type of employment visa. People use it to come to the United States, often for a specific job. An employer who has hired them for the position sponsors the visa, and it is granted under the condition that they work in that position. In other words, the employment itself is a condition of the visa.
This can create complexity when an employee wants to quit. A native-born employee can quit their job at any time. If they are an at-will employee, they don’t even have to give notice. However, for someone from another country who is only permitted to be in the United States under the terms of an H-1B visa, quitting would put them in violation of those terms. This could result in their removal from the United States.
Does this happen right away?
No, removal doesn’t happen instantly. Generally, individuals are given a 60-day grace period. This means that an employee can quit their job—but must take further action if they want to stay in the United States.
For instance, the employee may be able to find another job that also sponsors H-1B visas. If they do, their new employment can satisfy the visa conditions, and they won’t need to worry about deportation.
Additionally, some employees change their status. For example, if the employee on the H-1B visa gets married while working in the United States and their spouse is a U.S. citizen, their new spouse may sponsor them for a green card. This would grant them permanent resident status, making the H-1B visa unnecessary.
As you can see, things can become complicated. If you find yourself in this situation, make sure you fully understand all the legal options available to you.