US Issues Guidelines For H-1B Visa Holders Terminated From Their Jobs, Offers Ways To Extend Stay

The US Citizenship and Immigration Services (USCIS) issued fresh guidelines for H-1B visa holders employed in the US who have lost their jobs. Major American employers like Google, Tesla and Walmart recently announced that they were laying off workers which also affected Indian workers who form a significant portion of tech workers in the US.

The USCIS guidelines offer several means the individuals can employ to extend their stay in the US. There is also the 60-day grace period for individuals on an H-1B visa who have lost their job but the USCIS outlined the process for what to do after the grace period has expired.

When a worker’s job in the United States ends, either because they decide to leave or are asked to leave, they usually have a few options to stay legally in the country for a certain period of time.

• File an application for a change of nonimmigrant status;
• File an application for adjustment of status;
• File an application for a “compelling circumstances” employment authorization document; or
• Be the beneficiary of a nonfrivolous petition to change employer.

The USCIS also outlined the rules H-1B nonimmigrants should follow if they are working for a new employer in the US. If the visa-holder wants to change jobs, their new employer must fill out Form I-129 and send it to the concerned authorities. The person can start working for their new employer as soon as the paperwork is submitted and don’t have to wait for approval before they can switch jobs.

If someone has applied to become a permanent resident (green card holder) by submitting Form I-485 and has been waiting for approval for at least 180 days, they can move the underlying petition (Form I-140) to a new job offer in the same type of work with either the same employer or a different one, the USCIS said.

Workers who can apply for immigrant visas without needing an employer’s sponsorship can apply for their visas at the same time they seek to adjust their status. While waiting for their status adjustment, they can stay in the US and get an Employment Authorization Document (EAD). In cases where they’re experiencing major difficulties, they might qualify for a one-year an Employment Authorization Document (EAD) if they’ve been granted immigrant visa petitions based on employment.