The tech immigration workers in the United States have been grappling with uncertainty amid the layoff season after major corporations like Google, Tesla, Walmart, and others cast a pall over the American aspirations of numerous immigrants.

Now, As many individuals in the U.S. find themselves in a dilemma regarding their work visas, the United States Citizenship and Immigration Services (USCIS) has issued guidelines to assist those who may have thought their only option was to depart the country within a strict 60-day timeframe.

Navigating Options for Laid-Off H-1B Visa Holders

It’s critical to understand your alternatives when an H-1B visa holder faces termination. They have a few options to examine before considering the last resort, i.e. leaving the nation. The options listed below allow one to remain past the 60-day grace period:

1. Filing an application for a change of nonimmigrant status

2. Filing an application for adjustment of status

3. Filing an application for a “compelling circumstances” employment authorisation document

4. Becoming the beneficiary of a nonfrivolous petition to change employer

Trying one of these actions within the grace period can prolong their authorised stay, even if they lose their previous nonimmigrant status.

5. Moreover, eligible H-1B nonimmigrants can commence employment with a new employer as soon as a new H-1B petition is filed. The adjustment of the status application can be transferred to a new job offer after 180 days of pending status.

6. Another alternative that the visa holders can go for is filing a non-frivolous application to change status, which can halt the accrual of unlawful presence until the final decision is released. This includes transitioning to dependent status, student status, or visitor status.

7. Workers eligible for self-petitioned immigrant visa petitions can subsequently file with an adjustment of status application. Pending adjustment applications enable workers to remain in the U.S. and secure an Employment Authorisation Document (EAD).

8. Individuals who are beneficiaries of approved employment-based immigrant visa petitions and are facing compelling circumstances may qualify for a one-year EAD. This discretionary measure empowers workers to sustain employment while progressing towards lawful permanent resident status.

9. Certain situations may necessitate expedited approval, particularly in cases involving preventing severe financial loss. USCIS also advised that while workers may opt to depart from the US, a thorough consideration of their options, including employer obligations and potential readmission.

Understanding these options is important for H-1B visa holders struggling with layoffs, as it equips them to make well-informed decisions during these challenging times.