Laid-Off H-1B Visa Holders' Options

For nearly a year, US tech immigration workers have faced unpredictable times due to sweeping layoffs announced by major corporations like Google, Tesla, and Walmart. These layoffs have significantly impacted the American dreams of countless immigrants. However, USCIS has issued guidelines to help those who wrongly assume they must leave the country within 60 days of termination.

When H-1B visa holders face termination, it's crucial to understand their options before considering leaving the country. Contrary to common misconceptions, they have several avenues to explore to extend their stay beyond the 60-day grace period. These options include:

Filing an application for a change of nonimmigrant status.

Filing an application for adjustment of status.

Applying for a “compelling circumstances” employment authorization document.

Being the beneficiary of a non-frivolous petition to change employer.

Taking one of these actions within the grace period can extend their authorized stay, even if they lose their previous nonimmigrant status. Additionally, eligible H-1B nonimmigrants can start working for a new employer as soon as the new H-1B petition is filed. An adjustment of status application can be transferred to a new offer of employment after 180 days of pending status.

Another option is to file a non-frivolous application to change status, which can halt the accrual of unlawful presence until adjudication. This includes changing to dependent status, student status, or visitor status. Workers eligible for self-petitioned immigrant visa petitions can file concurrently with an adjustment of status application. Pending adjustment applications allow workers to remain in the U.S. and obtain an Employment Authorization Document (EAD).

Beneficiaries of approved employment-based immigrant visa petitions facing compelling circumstances may qualify for a one-year EAD. This discretionary measure allows workers to continue employment while on the path to lawful permanent resident status.

Some circumstances warrant expedited adjudication, such as preventing severe financial loss. While workers may choose to depart from the U.S., they should carefully consider their options, especially regarding employer responsibilities and potential readmission.

Understanding these options is crucial for H-1B visa holders facing layoffs, as it enables them to make informed decisions during challenging times.