US Issues Fresh Guidelines for H-1B Visa Holders Who Have Been Laid Off: Check Details

 

Discover the latest guidelines issued by USCIS for H-1B visa holders laid off from their jobs. Understand your options to stay in the US beyond the 60-day grace period.

 

In light of recent layoffs in the tech industry, the US Citizenship and Immigration Services (USCIS) has issued new guidelines for H-1B visa holders who have been laid off. These guidelines clarify the options available for non-immigrant workers to extend their stay in the United States beyond the commonly misunderstood 60-day grace period. This article details these options and the steps laid-off H-1B visa holders can take to remain in the country legally.

 

Understanding the 60-Day Grace Period

H-1B visa holders who lose their jobs are generally believed to have only 60 days to find new employment or leave the United States. However, the USCIS has clarified that laid-off employees have several pathways to extend their stay legally if they take appropriate action within the 60-day grace period.

 

Options for Laid-Off H-1B Visa Holders

1. Apply for a Change of Non-Immigrant Status

H-1B visa holders can apply for a change to another non-immigrant status. This might include switching to a student visa (F-1) or a dependent visa (H-4) if they meet the eligibility criteria.

 

2. File an Application for Status Modification

Workers can file for a modification of their current status, which may involve changing the terms of their H-1B visa or adjusting their status to another visa category.

 

3. Submit an Application for 'Compelling Circumstances' Employment Authorization

In cases of severe personal circumstances, H-1B visa holders can apply for a "compelling circumstances" employment authorization document, allowing them to work while they navigate their immigration status.

 

4. Be the Recipient of a Non-Frivolous Petition to Switch Employment

If a new employer files a non-frivolous H-1B petition on behalf of the laid-off worker within the grace period, the worker can stay in the United States and start working for the new employer once the petition is approved.

 

Implications of Not Taking Action

If laid-off H-1B visa holders do not pursue any of these options within the 60-day grace period, they and their dependents may be required to leave the United States. The departure should occur either within 60 days of termination or by the end of their authorized stay, whichever comes sooner.

 

Tech Industry Layoffs: A Growing Concern

The tech industry has seen massive layoffs, affecting thousands of non-immigrant workers, including many Indians. Companies such as Google, Meta, Apple, Dell, Twitter, Amazon, and Microsoft have reported significant job cuts. In 2024 alone, 237 IT companies have laid off 58,499 employees, exacerbating concerns among H-1B visa holders about their ability to remain in the US.

 

USCIS's Role in Clarifying Options

The USCIS's recent press release emphasizes that many non-immigrant workers are unaware of their options following job termination. The agency aims to educate affected individuals about their legal pathways to remain in the US, preventing unnecessary departures and ensuring compliance with immigration laws.

 

Navigating the Change: Practical Steps

For H-1B visa holders navigating the loss of employment, understanding and utilizing the available options is crucial. Here are practical steps to take:

 

Consult an Immigration Attorney: Legal experts can provide personalized advice and assist in filing necessary applications or petitions.

Act Quickly: Initiate one of the outlined actions within the 60-day grace period to avoid violating visa conditions.

Stay Informed: Keep up-to-date with USCIS guidelines and any changes in immigration policies that may affect your status.

 

The new guidelines from USCIS provide clarity and relief for H-1B visa holders facing layoffs. By understanding and acting on the available options, non-immigrant workers can navigate this challenging period and extend their stay in the United States legally.

The New Cutbacks At Significant Organizations Have Impacted H-1B Visa Holders. USCIS Rules Offer Choices Like Changing Status Or Applying For An EAD To Expand Stay Post-End. Acting In no less than 60 Days Is Pivotal, Guaranteeing Progression In Legitimate Status. Understanding And Using These Decisions Is Crucial For Exploring This Difficult Time.

 

What happens if I don't take any action within the 60-day grace period?

If no action is taken within the 60-day grace period, you and your dependents may be required to leave the United States or risk being out of status.

 

Can I apply for a change of status to a student visa (F-1)?

Yes, you can apply for a change to a student visa (F-1) if you meet the eligibility requirements and are accepted into an academic program.

 

What is a 'compelling circumstances' employment authorization?

This is a special employment authorization document granted in severe personal circumstances, allowing you to work while you resolve your immigration status.

 

How can a new employer help me stay in the US?

A new employer can file a non-frivolous H-1B petition on your behalf within the 60-day grace period, allowing you to remain in the country and start working once the petition is approved.

 

What should I do immediately after being laid off?

Consult an immigration attorney, explore your options for changing status, and act quickly to file the necessary applications or petitions within the grace period.

 

Are the new guidelines applicable to all non-immigrant workers?

The guidelines primarily address H-1B visa holders, but similar principles may apply to other non-immigrant workers depending on their specific visa status and circumstances.

 

============================================