May 16 :
Many laid-off techies, including thousands of Indians, are relieved because the USCIS has made it clear that they can stay in the US beyond the 60-day grace period for highly trained foreign workers. Thousands of H-1B visa holders have been hit hard by the massive layoffs at well-known corporations like Google, Tesla, and Walmart; this explanation follows their announcements. The most recent data available indicates that in 2024, 58,499 people were let go by 237 tech companies.
"When non-immigrant workers are laid off, they may not be aware of their options and, in some cases, may wrongly assume that they have no choice but to leave the country within 60 days," USCIS highlighted in its latest guidelines. Nevertheless, there are other ways for non-immigrant workers to continue to be legally present in the US once their employment ends, whether that be voluntarily or involuntarily:
The non-immigrant's authorised stay in the US can continue beyond 60 days if these options are used within the 60-day grace period, regardless of whether their nonimmigrant status is revoked. The worker and their dependents may be forced to depart the United States within 60 days or the end of their authorised validity period, whichever occurs first, if no action is done within the grace period.
Forms I-129, Petition for a Nonimmigrant Worker, or I-539, Application to Extend/Change Nonimmigrant Status, are typically used to determine a non-immigrant's status following admission. While a nonfrivolous petition or application for an extension of stay or change of status is pending with USCIS, the authorised stay period typically encompasses that time.
Several alternatives exist for H-1B visa holders who are facing termination, including leaving the United States, which should be considered as a last choice.
(a) Applying to have one's nonimmigrant status changed
(b) Choosing to apply for a change of status
(c) Applying for a legally binding work permit under "compelling circumstances"
(d) Receiving a legitimate request to switch jobs before the deadline
Even if they are no longer classified as nonimmigrants, they might extend their permitted stay by attempting one of these acts inside the grace period.
(e) In addition, once a new H-1B petition is filed, eligible H-1B nonimmigrants can begin employment with a new employer. After a period of 180 days while the application is waiting, it might be transferred to a new employment offer.
(f) Visa holders also have the option of submitting a legitimate request to amend their status, which can temporarily stop the accumulation of unlawful presence until the final decision is announced. Changing your status to that of a dependent, student, or guest falls under this category.
(g) Employees who meet the requirements for immigrant visa petitions that can be self-petitioned can then apply for an adjustment of status. Workers can stay in the US and apply for an EAD (Employment Authorization Document) while their adjustment applications are pending.
(h) A one-year EAD may be granted to individuals who are the beneficiaries of approved employment-based immigrant visa petitions and who are experiencing compelling circumstances. This optional policy change allows employees to keep their jobs even as they apply for and receive permanent resident status.
(i) In order to avert significant financial damage, rapid approval may be necessary in some situations.
The USCIS has advised workers to carefully weigh their alternatives, including employer responsibilities and the possibility of reentry, before deciding to leave the country. H-1B visa holders who are facing layoffs should familiarise themselves with these possibilities so that they can make educated selections.
