In the realm of US tech immigration, the past year has been marked by unpredictability and challenges for workers holding H-1B visa. Major corporations such as Google, Tesla, Walmart, and others have announced significant layoffs, casting a shadow over the American dreams of countless immigrants. However, amidst this uncertainty, the US Citizenship and Immigration Services (USCIS) has issued guidelines to provide options for those facing termination and mistakenly believing they have no choice but to leave the country within a 60-day period.
When H-1B visa holders encounter the prospect of termination, understanding their available options becomes crucial. Contrary to common misconceptions, there are several avenues they can explore before considering departure:
Filing an application for a change of nonimmigrant status within the grace period can extend their authorized stay, even after losing their previous nonimmigrant status.
Similarly, filing an application for adjustment of status can provide an avenue to stay in the US legally.
Those facing compelling circumstances may apply for an employment authorization document (EAD) to continue working while on the path to lawful permanent resident status.
Being the beneficiary of a nonfrivolous petition to change employer is another option that allows H-1B visa holders to remain in the country beyond the grace period.
Understanding these options is vital for H-1B visa holders navigating layoffs, as it empowers them to make informed decisions during challenging times. Eligible nonimmigrants can also start working for a new employer as soon as the new H-1B petition is filed, and adjustment of status applications can be transferred to new offers of employment after 180 days of pending status.
Moreover, expedited adjudication may be warranted in certain circumstances, such as preventing severe financial loss. While departing from the US remains an option, individuals are encouraged to carefully consider their choices, including employer responsibilities and potential readmission implications.
In a landscape marked by uncertainty, USCIS’s guidelines offer a ray of hope and practical avenues for H-1B visa holders facing layoffs. By understanding these options and seeking appropriate legal counsel, individuals can navigate these challenging times with more clarity and informed decision-making.
