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TikTok Ban in the US: Impact on Employees on Work Visas
by Abby on May 1, 2024 3:35:24 PM
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The recent TikTok ban by the U.S. government has sent shockwaves through the tech industry, particularly among TikTok's international workforce. With the passage of legislation prohibiting the use of TikTok in the United States unless its Chinese parent company, ByteDance, divests from the platform, TikTok employees on work visas are facing an uncertain future.
In this blog, we'll explore the challenges faced by TikTok employees on various work visas, such as OPT, H1B, and L1 visa, and provide insights to help them navigate this complex situation. Whether you're considering relocation or determined to remain in the U.S., this blog will equip you with the knowledge and strategies to make informed decisions and secure your future.
About the TikTok Ban
On April 23, President Biden signed a bill that could lead to a nationwide TikTok ban in the U.S. The legislation gives TikTok's parent company ByteDance 270 days to sell TikTok to a new owner. Failure to do so would result in TikTok being prohibited from U.S. app stores and internet hosting services, effectively restricting new downloads and content interaction.
TikTok is currently preparing legal action to oppose the law that could lead to its ban. The company's CEO Shou Chew assured users "we aren't going anywhere" and expects to prevail in court. TikTok called the law unconstitutional, warning it would devastate its large U.S. user base.
TikTok Ban Impact on International Employees
The looming TikTok ban poses significant challenges for the app's international workforce employed in the United States on temporary work visas. With around 11,000 employees in the U.S., many are on visas like the H1B, Optional Practical Training (OPT) and L1 visa. If TikTok fails to find a buyer and is forced to exit the U.S. market, these visa holders face uncertainty about their job status and legal ability to remain in the country.
H1B Visa and OPT Holders
TikTok employees on H-1B visas or currently working under Optional Practical Training (OPT) have some flexibility to prepare for the potential ban in future one year. For H1B workers, the option to transfer their H1B to another employer willing to sponsor them is available. They can begin exploring job opportunities with companies able to file a new H1B petition on their behalf.
Those on OPT may be able to have their STEM OPT extension approved with a different employer before their work authorization expires. For TikTok employees whose OPT is set to expire without securing an H1B visa in the lottery, enrolling in a "Day 1 CPT" program can provide an alternative path to extend their work authorization in the United States. These programs, offered by certain universities, allow international students to begin CPT employment on day one of their studies. The Day 1 CPT programs typically range from 2 to 5 years in duration, granting valuable extra time to find an employer willing to sponsor an H1B visa petition. This route offers a way to bridge the gap and maintain legal status in the U.S. while continuing the H1B sponsorship process amidst TikTok's challenges.
While no option is simple, being proactive about alternative employment prospects or student pathways will be crucial for these visa holders to lawfully remain in the U.S. if TikTok's exit becomes imminent.
L1 Visa Holders
In recent years, TikTok has also brought a significant number of senior executives and staff to the U.S. on L1 visas. The L1 visa, designed for multinational companies to transfer foreign employees to their U.S. operations. Unlike the H1B visa, the L1 visa is tied to the employer, and termination immediately results in the loss of U.S. work authorization. This puts L1 visa holders in a precarious position if TikTok fails to overturn the ban through litigation and is forced to exit the U.S. market.
Options for L1 Visa Holders
If relocation to another international office is acceptable, L1 visa holders have a 60-day grace period to plan their departure after employment ends. However, for those wishing to remain in the U.S., there are several options to consider:
- Change to a B visitor status: Apply for a change of status to a B visitor visa, which allows for a maximum stay of six months as a tourist (no employment permitted).
- Change to F1 student status: Enroll in a 'Day 1 CPT' program, which provides work authorization through Curricular Practical Training (CPT). These programs last between 2-5 years, allowing students to work from day 1 enrollment of school while pursing their degrees, during which time a new employer can sponsor an H1B visa.
- Proceed with a green card application: If an I-140 petition for a green card has already been submitted, emphasize academic pursuits in an explanation letter to successfully argue for a status change to F1. We've helped our clients successfully change their status to F1 with approved I-140.
Contact us to get your case evaluated and receive assistance in drafting a strong change of status explanation letter!
3.Change to O1 Visa: For L1 visa holders with extraordinary abilities, exploring a change to an O1 visa could be an option. The O1 visa is for individuals with sustained national/international acclaim in fields like science, arts, or business. Demonstrating outstanding expertise and accomplishments is key to meeting the stringent eligibility criteria.
L2 Dependent Visa Holders
If you or your dependents hold an L2 visa, it's possible to change to an F1 or F2 dependent status. However, employment is not permitted under F2 status.
As the situation evolves, staying informed and exploring available options is crucial for TikTok employees on work visas. Feel free to reach out for assistance with changing visa status.
Conclusion: Navigating Uncertainty with Proactive Planning
As the TikTok ban situation unfolds, it's critical for employees on temporary work visas to stay proactive. Whether exploring transfer options, alternative visa pathways, or educational routes, being proactive can secure your future. Seek professional guidance to evaluate options and increase chances of maintaining legal status. Though uncertain times, proactive planning allows you to navigate challenges and emerge resilient. Don't hesitate to reach out for assistance in exploring changing to other visa status.