USCIS publishes rules for laid-off H-1B visa holders

Due to recent layoff announcements from firms like Google, Tesla, Walmart, and others, those working for tech companies in the US have been dealing with uncertain times for over a year. Guidelines have been released by US Citizenship and Immigration Services (USCIS) for those who mistakenly believe they have no choice but to depart the country within 60 days.

“Understanding their options and mistakenly believing they have no choice but to leave the country within 60 days, H-1B or other noncitizen workers may be laid off,” USCIS said on X.

The choices open to nonimmigrant workers once their employment is terminated were enumerated by USCIC. When an H-1B visa holder is terminated, they have a few choices. However, a common misconception is that they must leave the country within 60 days.

A nonimmigrant worker may normally do one of the following, if qualified, to continue their authorized stay in the United States after their job expires, either willingly or involuntarily:

Submit an application for a status adjustment; Submit an application for a change of nonimmigrant status;
Submit an application for an employment authorization paper citing “compelling circumstances”; or
Receive the benefit of a sincere request for change employer
“Even if the nonimmigrant loses their prior nonimmigrant status, they may be allowed to remain in the country for longer if one of these events takes place within the 60-day grace period. According to USCIC standards, if the worker and their families do nothing during the grace period, they may be required to leave the country within 60 days or until the end of their approved validity term, whichever comes first.