The U.S. Citizenship and Immigration Services (USCIS) recently issued updated guidelines for H-1B visa holders who were laid off, addressing the increasing number of layoffs in the tech industry. These guidelines clarify options for H-1B visa holders to maintain their legal status in the U.S. beyond the typical 60-day grace period despite job termination.
The following are options available to affected H-1B visa holders:
- File an application to change nonimmigrant status. H-1B holders can apply to switch to another visa category, such as becoming a dependent on a spouse’s visa (e.g., H-4, L-2), or changing to student (F-1) or visitor (B-1/B-2) status.
- File an application for adjustment of status. Eligible individuals can apply for permanent residency (green card) if they have a qualifying job offer and an approved immigrant petition.
- File an application for a Compelling Circumstance Employment Authorization Document. Workers facing significant hardships can apply for a one-year EAD.
- Become employed by another company. H-1B visa holders can start working for a new employer as soon as the new employer files a new H-1B petition with USCIS, without waiting for approval.
As long as an H-1B holder acts to take advantage of one of these options within the 60-day grace period, they can extend their stay in the U.S. beyond the grace period.
Do You Need Legal Assistance?
If you are an H-1B worker who was recently terminated from your position through no fault of your own, you can qualify to extend your stay in the U.S. Mathur Law Offices, P.C. is up to date with the changes USCIS implemented that may affect you. Should you wish to consult with an immigration attorney about your legal situation, you can reach out to us and request an initial consultation.
Get started now by contacting our experienced H-1B visa attorney online today.