Amid Layoffs, US Issues Fresh Guidelines For H-1B Visa Holders To Extend Stay After Losing Job

US Citizenship and Immigration Services has issued fresh guidelines for those who assume that they have no option but to leave the country within 60 days after getting laid off from their job.
Employees on H-1B visas who have been laid off have the option of staying in the US even beyond 60 days

Employees on H-1B visas who have been laid off have the option of staying in the US even beyond 60 days

New Delhi: Immigration workers in the United States have been facing a tough time for over a year now with major corporations like Google, Tesla, Walmart, and others announcing sweeping layoffs. In view of the unprecedented times, the US Citizenship and Immigration Services (USCIS) has announced fresh guidelines for H-1B visa holders who have been terminated from their jobs.
The latest guidelines by the USCIS highlight various avenues that they can consider before leaving the country. Here are the options beyond the 60-day grace period for the H-1B visa who has lost their job:
  1. File for a change of nonimmigrant status within the grace period
  2. File an adjustment of status application
  3. File an application for "compelling circumstances" under which workers may qualify for a one-year Employment Authorisation Document (EAD).
  4. File an application to become beneficiary of a nonfrivolous petition to change employer
Filing one of these actions within the grace period can extend their authorized stay, even if they lose their previous nonimmigrant status.
"If one of these actions occurs within the up to 60-day grace period, the nonimmigrant’s period of authorized stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant status. If the worker takes no action within the grace period, they and their dependents may then need to depart the United States within 60 days, or when their authorized validity period ends, whichever is shorter," the USCIS said.
H-1B visa holders can meanwhile begin employment with a new sponsor as soon as a fresh H-1B petition is filed on their behalf. Additionally, those who have applied for an adjustment of status can transfer this application to a new job offer after 180 days have passed, enhancing job mobility and security.
End of Article
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