20/06/2024

USCIS issues guidance for H-1B visa holders who have been laid off

The US Citizenship and Immigration Services (USCIS) has provided a guidance for H-1B visa holders who have been terminated from their jobs, providing options beyond the 60-day grace period.


The USCIS, in January, had announced changes to the H-1B visa registration process for 2025 to enhance integrity and reduce fraud, requiring employers to provide beneficiary passport information upfront.


A period of authorized stay typically includes the period when a timely filed nonfrivolous petition or application requesting an extension of stay or change of status is pending with USCIS, as described in detail below.


As per the USCIS release, when a nonimmigrant worker’s employment ends, either voluntarily or involuntarily, they typically may take one of the following actions, if eligible, to remain in a period of authorized stay in the United States:


  • File for a change of nonimmigrant status
  • File an adjustment of status application
  • File an application for "compelling circumstances" under which workers may qualify for a one-year Employment Authorization Document (EAD).
  • File an application to become beneficiary of a nonfrivolous petition to change employer.


Failure to take action within the grace period may require leaving the country. 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 notification said.


Nonimmigrant status is typically based on an approved Form I-129, Petition for a Nonimmigrant Worker, or after admission, a subsequently approved Form I-539, Application to Extend/Change Nonimmigrant Status.


Key Takeaway

While this guidance only serves to reiterate and confirm policies already set in place, it shows that USCIS is aware of the current high rate of company layoffs due to the economic downturn and are releasing this guidance to ensure that all H-1B visa holders clearly understand their options and are considering them as early as possible. It also confirms that these alternative routes are routes that the agency is aware of, and are not otherwise unauthorized routes to pursue by a visa status holder.

As always, please do not hesitate to contact Oke Legal Group at 469-706-0191 or via email with any questions.

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