Tech Layoffs Are an Opportunity To Practice Inclusivity
by Selene Stacy Hernandez
At All Tech Is Human we view diversity as an asset to addressing complex issues surrounding tech. A key component of fostering a diverse workforce is the inclusion of holistic, reflexive and equitable hiring practices. In thinking about the more than 18,000 people who are impacted by the wave of lay-offs occurring at various tech companies, we are calling upon our Responsible Tech Community to critically analyze what the practice of inclusivity looks like within your prospective workplaces.
According to U.S. Citizenship and Immigration Services (USCIS) data, tech companies in the U.S. have utilized the H-1B Visa, an employment-based visa, to hire skilled foreign-born workers. Although its unclear how many folks who hold an H-1B Visa are impacted by the wave of lay offs, its critical to recognize the true impact of these lay offs.
Research shows that foreign-born talent have helped America lead the world in technological innovation. We cannot disregard the impactful contributions that foreign-born folks have made to the tech industry. However, folks who hold an H-1B Visa are more than just individuals working at a tech company, they are individuals and families who develop deep roots with the communities they call home. Considering that folks who hold an H-1B Visa can live in the states for up to three years and have the potential to have their stay extended for a total of six years, the folks who hold an H-1B Visa become embedded within various social ecosystems.
At All Tech Is Human we understand Responsible Tech to be an expansive phrase that includes the act of responsible practices within the workplace. How might our Responsible Tech Community utilize this time as an opportunity to explore our responsibility to practicing inclusivity and ultimately to maintaining the diversity of our tech ecosystem?
First, here are some quick facts regarding the H-1B Visa (Source: USCIS):
H-1B Visas are non-immigrant, employer-specific visas that allow U.S. employers to hire foreign nationals in specialty occupations during a specified period. See here for more information as to H-1B Visa eligibility.
H-1B Visas provides folks with a maximum stay in the U.S. of three years, which can be extended but cannot exceed six years.
After being laid off or fired, you may have a 60-Day Grace Period:
Grace period is calculated from your last day of employment.
Folks require a new H-1B visa for a new employer and position before changing employers.
If you’re unable to renew your H1-B before it expires, you have a 10 day grace period to either depart the United States or file for a renewal with USCIS.
In recognizing that financial stability is intimately linked to our emotional well-being, leaning on community can provide the strength folks need to navigate an uncertain and stressful time. Community support can be shown in many different ways, maybe its explicitly noting visa sponsorship opportunities on job postings; maybe its sharing knowledge and resources on how to pivot into a different field; maybe its beginning with asking your colleagues how they would like to be supported.
At All Tech is Human, we are committed to helping folks with professional development and building community. We wanted to provide some information and resources for those who hold or know of someone who holds an H-1B Visa and who have been laid off.
Resources for job seekers:
Employment related support:
→ refer to our Responsible Tech Job Board
Immigration status related support:
→ H-1B Visa Worker’s Rights Card
→ Immigration related legal support as shared by the American Civil Liberties Union
Resources for employers:
→Looking to hire a hard-to-find experienced professional? Check out our Responsible Tech Talent Matchmaking Service
→ Fact Sheet #62B: Who is an H-1B employer? | U.S. Department of Labor (dol.gov)
→ Information regarding the employment of folks on H-1B Visas
Disclaimer: The information provided is only for general informational purposes and does not constitute legal advice. Please consult with an immigration attorney regarding your case.
