Good News! New USCIS Guidelines For US H1-B Visa Holders, Here's How it Can Help People Who Have Lost Jobs

H1 B Visa: New guidelines have been released by US Citizenship and Immigration Services (USCIS) for H-1B visa holders who have lost their jobs while working in the US. Not only did major American employers like Google, Tesla, and Walmart recently announce that they were laying off workers, but a large portion of US tech workers are Indian.

USCIS Guidelines for Extending Stay

The USCIS guidelines provide multiple options for individuals to prolong their stay in the United States. For those with an H-1B visa who have lost their job, there is also a 60-day grace period; however, the USCIS has detailed the procedures to be followed once the grace period has ended.

When an employee's employment in the United States ends—either because they are asked to leave or because they choose to—they typically have a few options for lawfully remaining in the nation for a predetermined amount of time.

Submit an application for a status adjustment; Submit an application for a change of nonimmigrant status, Submit an application for an employment authorization document citing "compelling circumstances"; or Receive the benefit of a legitimate petition to switch employment.

USCIS Guidelines for Starting a New Job

The guidelines that H-1B nonimmigrants must abide by when starting a new job in the US were also provided by the USCIS. The visa holder's new employer must complete Form I-129 and submit it to the relevant authorities if they wish to change employment. Once the paperwork is submitted, the employee can begin working for their new employer immediately; they are not required to wait for approval before changing jobs.

Form I-140 can be moved to a new job offer in the same field of work with the same employer or a different one if the applicant has applied to become a permanent resident (green card holder) and has been waiting for approval for at least 180 days, according to the USCIS.

Concurrent Application for Immigrant Visas

Employees who are eligible to apply for immigrant visas without the support of their employer may do so concurrently with their request to change their status. They can obtain an Employment Authorization Document (EAD) and remain in the US while they wait for their status to be adjusted. If they have been granted immigrant visa petitions based on employment and are facing significant challenges, they may be eligible for a one-year Employment Authorization Document (EAD).