As Paramount Plans to Cut Jobs, Thousands of Work Visa Holders Could Be At Risk

Paramount will lay off thousands of workers as soon as November, following a recent merger with Skydance and several billion-dollar streaming deals, Deadline reported last week. The cuts are expected to come from both theatrical and home media across every division of the company.

While the precise number of firings has yet to be confirmed, foreign national workers on visas may have reason to be concerned. The arts and entertainment industry employs hundreds of thousands of immigrants, with many foreigners on temporary worker visas that are contingent on continued employment in their field. 

November’s planned cuts don’t tell the whole story, either. The Deadline article estimates that as many as 3,000 jobs could be eliminated, which follows the 1,000 job cuts announced immediately after the merger closed. But the wholesale impact of Paramount Skydance’s cost-cutting maneuvers could also mean fewer and smaller productions, leading to less work for gig-based, foreign workers who don’t figure into the company’s headcount.

That means if you’re a foreign national affected by the job cuts at Paramount, you’ll need to act quickly or risk having your work visa revoked. Here’s what immigration attorneys recommend that you do now to prepare ahead of November.

Step 1: Check what type of visa you’re on

Your options are dependent on the type of petition you’re authorized to work under. Many workers in the arts and entertainment industry are on temporary visas, but your petition may have been arranged to be either a direct employer petition or an agent-sponsored petition, so you should talk to the firm or representative that assisted you with the filing to first confirm your classification.

Among Paramount’s workers, many will fall under the O or even the P category of visa. The O-1B visa is for people who’ve demonstrated extraordinary ability or achievement in the arts or in film and TV. Foreign workers/support staff who are required to assist O-1 beneficiaries in their endeavors may have been admitted on an O-2 visa.

Another relevant petition category includes the P visa, which covers culturally unique performers and/or members of performance groups and possibly their support staff via the P-1B visa. 

And while the H-1B visa is typically granted to foreign workers in a specialty occupation, any laid-off Paramount workers admitted under this category, such as software engineers or UX designers who work on its streaming service, could be at risk.

It’s critical to understand who sponsored your petition 

Knowing who sponsored your petition will be key. If you were sponsored by Paramount directly—known as an employment-based petition—you may need to speak directly to your supervisor or a member of the human resources team to understand your options if you’re impacted by the layoffs. 

On the other hand, if you are on an O or P visa and you were sponsored through an agent-petition, you should reach out to that agent to determine whether your filing allowed for gig working (O-1B) or if you have multiple declared employers that you are still working with and declared in the most recent filing. 

Students working in the industry under optional practical training (OPT) employment who are affected by the layoffs should contact their school immediately. The school should be able to tell them how to calculate how much allotted unemployment time they have remaining and when they will need to declare a new role. Please note that STEM OPT follows a different set of rules with an extended amount of unemployment time provided to find a new role.

Step 2: Try to find another gig

Since January 2017, there has been a 60-day grace period for certain nonimmigrant worker visas, including in the O-1 and H-1B classifications. (The P classification has a 10-day grace period which predates the 2017 changes.)

If you are affected by the industry layoffs, you should be able to use the grace period to find another engagement or sponsor. With some time before the cuts are implemented, it might be worth putting out some feelers now. At the end of the day, whether your O-visa or P-visa was filed as an agent-petition, or you are on H-1B status, a new role will likely be needed to maintain your status.  

Note that, in recent months, some temporary workers who were laid off or fired have reported receiving a Notice to Appear even before their grace period has expired. (An NTA is an indication that the U.S. Department of Homeland Security has initiated removal proceedings against you.) 

This follows an update to the U.S. Citizenship and Immigration Services page about options for terminated nonimmigrant workers, which includes a description of the 60-day grace period, that described its contents as out of date without specifying which information it was referring to.

While there has been no official announcement from the DHS, USCIS, or any other department about changes to the 60-day grace period, the possibility that changes have already occurred internally at the agency can mean that you should act as quickly as you can find more industry work.

Step 3: Contact legal counsel

While your agent may have an immigration attorney working on your behalf, it may be a good idea to consult with one on your own. They can help you understand what your current visa status allows, how layoffs will affect you and on what timeline, and whether there are any actions you can take to maintain your status in the U.S.

If you’ve been impacted and your status is at risk, Manifest Law can help. You may qualify for a free consultation—contact us today. 

Step 4: Consider transitioning to another visa type

One option for foreign nationals affected by job loss is to apply for another type of visa, which may allow them to extend their stay or even become a permanent resident, depending on the visa classification.

Option 1: Permanent worker immigrant visas

These may allow you to apply for and receive a Green Card.

EB-1: For people who’ve demonstrated extraordinary ability in science, arts, education, business, or athletics. No labor certification is required, meaning you don’t need a job to be eligible.

EB-2: For people who’ve demonstrated exceptional ability in science, arts, or business. A labor certification is required, but this can be waived if your work is in the national interest.

Temporary visas

Student visa: If you’re enrolled in classes or are open to enrolling into a degree program when your nonimmigrant work visa expires, you may be able to apply for a change of status that allows you to remain in the U.S. under an F, M, or J visa.

Tourist visa: If you intend to leave the U.S. after losing your job but need more time to prepare, you might be able to file a change of status to modify your status to a B-1/B-2 tourism or business traveler status. You won’t be able to work under this classification, but it could give you more time to find work, including attending job interviews, set up and evaluate a new investment in the form of your own business for certain self-sponsorship tracks (e.g. H-1B self sponsorship), or more time to tie up loose ends in the United States before moving back abroad.

Bottom line: Time is of the essence after a layoff, but you can be proactive now

Even if the grace period remains in place, finding work after a layoff to maintain your status in the U.S. could still take time. 

If you’re concerned about your ability to stay and work in the U.S., contact us to request a consultation. Manifest regularly works with foreign nationals in the arts and entertainment industry across the country.