USCIS new instructions for H-1B visa holders who are expelled from jobs

Major corporations like Tesla and Google expelled numerous employees due to downsizing

USCIS new instructions for H-1B visa holders who are expelled from jobs
Major corporations like Tesla and Google expelled numerous employees due to downsizing

The US Citizenship and Immigration Services (USCIS) has issued a new guideline for H-1B visa holders who have been laid off from their jobs.

Major companies, including Tesla, Walmart, and Google, have announced sweeping layoffs that have created difficulties for foreign employees, Times Now reported.

The USCIS highlighted the options for visa holders who have lost their jobs besides the 60-day grace period. The various avenues for these individuals include,

• File for a change of nonimmigrant status within the grace period.

• File an adjustment of the status application.

• File an application for "compelling circumstances" under which workers may qualify for a one-year Employment Authorisation Document (EAD).

• File an application to become beneficiary of a nonfrivolous petition to change employer.

USCIS said, “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.”

It further informed, “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.”

Moreover, H-1B visa holders can also start employment with at a new place as soon as their petition is filed, and those who have applied for the adjustment of status can transfer this new application to a new job offer after 180 days. 

Advertisement
Advertisement