The Immigration Risk Nobody Talks About: Your Employer

I spent months getting a foreign national employee approved for a work visa. Last week, the startup that sponsored her laid off the entire team.

It's one of the more depressing parts of this work.

You put MONTHS into a case.

You prepare the petition.

You gather evidence.

You get it approved.

The employee can *finally* work and stay in the country...

And then the company restructures. Or runs out of funding. Or decides to go in a different direction.

Most work visas are tied to the employer. When the job disappears, so does the employee's ability to remain in the United States. It doesn't matter that they did everything right. It doesn't matter that the company wanted them enough to sponsor them in the first place.

Most of the time these layoffs aren't even performance based.

Companies sponsor people because they want them. Because they're good at what they do. And then the business shifts and none of that matters anymore.

I've seen this play out multiple times now with startup clients.

A lot of Companies restructure. And a lot of foreign nationals get caught in the middle of it.

This is why after watching this happen enough times, I've started being more direct with foreign national employees who consult with me.

If your immigration status depends on your employer, the stability of that employer is one of the most important things to consider when choosing where to work.

Startups are exciting. The opportunities can be incredible. But the volatility is a different kind of risk when your visa is attached to the company.

That doesn't mean you should never work for a startup. But go in understanding what's at stake. Have a backup plan. Know what your options are if the company restructures or shuts down.

And if you're looking at smaller companies that haven't sponsored before - don't assume they won't. A lot of smaller employers are willing. They just don't know what's involved or what it costs. Sometimes all it takes is sitting down with an immigration attorney to walk through what the process actually involves. That conversation alone can be enough to move things forward.

The best thing you can do for your immigration case is understand that it doesn't exist in a vacuum. Your visa lives inside your employer's business decisions. Plan accordingly.