Day1CPT.Org News Blog

Amazon Cuts 14,000 Jobs : Legal Risks and Action Plan for OPT and H-1B Visa Holders

 

On October 28, Amazon officially began laying off 14,000 corporate and tech workers, affecting nearly 4% of its white-collar workforce. Insider reports suggest this is just Round 1 of a broader reduction, potentially impacting up to 30,000 roles.

Affected departments include:

  • Advertising
  • Prime Video
  • Alexa
  • Pharmacy
  • Gaming
  • AWS infrastructure
Amazon’s HR head Beth Galetti addressed the move, framing it as necessary preparation for the AI era: “To move faster, we need fewer layers.” CEO Andy Jassy previously warned that AI adoption means fewer people doing traditional roles, and more people working in new capacities.

This Isn’t Just Amazon — It’s a Systemic Shift Across Tech

Amazon is far from alone. The entire tech industry is entering an AI-led transformation:

  • 61,000+ tech jobs have already been cut in 2025 (source: Layoffs.fyi).
  • Microsoft laid off ~9,000 employees.
  • Meta and Google have each executed large-scale layoffs, focusing resources on AI and automation.
This is not a short-term correction—it’s a structural shift in how Big Tech hires, operates, and sponsors foreign workers.

 

If You’re on OPT or STEM OPT, Here’s What It Means

OPT: Act Fast or Risk Falling Out of Status
  • You have 90 days of unemployment in total under regular OPT.
  • The job must be directly related to your degree field.
You must report employment updates to your DSO and keep your SEVIS record accurate.

Tips:
  • Don’t wait for severance to kick in—start job hunting now.
  • Consider short-term or contract roles that meet OPT criteria.
  • Stay in close contact with your school’s international office.

STEM OPT: You Need a STEM-Eligible, E-Verify Employer—Fast
  • You get up to 150 days of unemployment across your OPT + STEM extension.
  • Your new employer must:
    • Be enrolled in E-Verify
    • Offer a job related to your STEM degree
    • Agree to sign and maintain a valid Form I-983

Tips:

  • Don’t assume big companies = job security. Amazon, Meta, and others are actively restructuring.
  • Focus on roles in AI, cloud, data security, and other growth areas.
  • Look for companies with a track record of visa and green card sponsorship.

 

H-1B Visa Holders Face 3 Legal and Procedural Flashpoints

The 60-Day Grace Period Is No Longer Reliable:

Traditionally, H-1B holders have a 60-day grace period after termination to transfer to another employer or change status. But in recent months:

  • USCIS quietly removed grace period language from guidance pages.
  • Some H-1B holders received NTA (Notice to Appear) even while their I-539 change of status applications were pending.
  • USCIS has not officially changed the policy—but in practice, it’s showing a harsher stance.

Example: Several H-1B holders submitted I-539 to switch to B-2 during the 60-day period and were still issued NTA documents within weeks.

 

I-539 Change of Status Applications Carry Higher Risk:

Applying for a change of status via I-539 (e.g., H-1B to B-2 or F-1) used to be a safety net. Not anymore.

  • Recent applicants report increased NOIDs (Notices of Intent to Deny), especially when switching to F-1 without strong academic intent.
  • USCIS is now less tolerant of “I want to stay longer to job hunt” as a valid reason to switch to B-2.
  • I-539 denials are increasingly being followed by removal proceedings (NTA issuance).

Filing I-539 might not just fail—it could escalate into a deportation process.

 

Government Shutdown Halts H-1B Transfers at the Source

Because of the ongoing U.S. federal government shutdown, the Department of Labor (DOL) is not issuing LCA (Labor Condition Application) approvals—a critical first step in any H-1B transfer.

  • Even if you get an offer, your new employer can’t file a proper H-1B transfer without a certified LCA.
  • Some have attempted to file I-129 first and submit LCA later when DOL reopens, but:
    • This is legally shaky.
    • USCIS has not guaranteed flexibility on this.
    • It’s a gamble in an already unfriendly adjudication environment.

Even if you have a new job lined up, the paperwork bottleneck may delay or derail your transfer.


The Hidden Risk to PERM Green Card Process

If your employer is sponsoring your green card, a layoff could cause total collapse of your immigration timeline—especially during the early phases.

What Happens in Each Stage:

Stage

Layoff Impact

Result

PERM recruiting (job ads/interviews)

Disrupted

Must pause and potentially restart entire process

PERM approved, I-140 not filed

PERM lost

PERM is employer-specific; you must start over

I-140 approved, <180 days

High Risk

Cannot port priority date to new employer

I-485 filed, >180 days

Safer

You may use AC21 portability if job is similar

 

Strategic Insights: What You Should Be Doing Now

In a world where AI is replacing traditional roles and companies are reorganizing aggressively, here’s how you can prepare:

1. Audit Your Role

Is your job:

  • In a department seeing cuts (HR, internal tools, mid-level ops)?
  • Replaceable via AI or automation?

If so, begin researching alternative employers.

2. Identify Growth Sectors

Focus on:

  • AI/machine learning integration
  • Cloud infrastructure
  • Data privacy and governance
  • Robotics or supply chain automation

These are areas most companies are still hiring in—and investing in.

3. Document Everything

  • Track unemployment days.
  • Keep I-983 copies updated (for STEM OPT).
  • Save pay stubs and employment letters.
  • Know your I-94 expiration (for H1B).

4. Consult Immigration Counsel Early

  • Especially if you’re at risk of layoff or your PERM/I-140 is in motion.
  • Know whether you qualify for H-1B transfer, F1 - CPT, or even O-1 self-petition.

 

Final Thought: This Is Not Just a Layoff—It’s a Rewriting of the Rules

Amazon’s layoffs—and those across Microsoft, Google, and Meta—are not cost-cutting blips. They’re part of a structural shift toward automation, lean orgs, and fewer human-based roles.

If you are on OPT or H-1B, your visa is only as stable as your employer’s org chart and immigration policies. That means:

  • Be proactive, not reactive.
  • Know your status and timelines.
  • Identify jobs aligned with the AI-driven future.
  • Have immigration-safe exit strategies ready.


 

No Comments Yet

Let us know what you think