Recently many big companies have announced widespread layoffs. Many people have also been fired from their jobs. If you too are facing layoffs in the US, USCIS has issued new guidelines for immigrant workers holding H1-B visas with options to stay in the country for more than 60 days.
H-1B visa holders: US Citizenship and Immigration Services (USCIS) has issued new guidelines for H-1B visa holders who have been terminated from employment. Recently, major companies such as Google, Tesla, and Walmart have announced widespread layoffs, impacting the lives of many immigrant workers on H-1B visas. USCIS guidelines provide several tools that individuals can use to extend their stay in the US. Can do to increase. There is also a 60-day grace period on H-1B visas for individuals who have lost their job, but USCIS has outlined the process for what to do after the grace period ends. Let us tell you that when an employee’s employment in the US is terminated, they usually have some options to remain legally in the country for a certain period of time.
Options for fired H1-B visa holders
- File an application for change of nonimmigrant status within the grace period.
- File an Application for Adjustment of Status.
- File an application for ‘exigent circumstances’ which allows workers to qualify for a one-year Employment Authorization Document (EAD).
- File an application to become a beneficiary in a Nonfrivolous Petition for Change of Employer.
Additionally, USCIS states that the concept of portability enables eligible H-1B nonimmigrants to more easily shift to new employment opportunities. This flexibility allows people to start working with a new employer as soon as the non-minor H-1B petition is filed without waiting for its approval.
Employees who are eligible to apply for an immigrant visa through self-petition may submit their petitions at the same time they apply to adjust their status. These workers can remain in the United States and obtain an Employment Authorization Document (EAD) while their adjustment application is being processed. In cases where individuals have been granted immigrant visa petitions based on employment and are facing significant challenges, they may be eligible for a one-year EAD.
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