New USCIS Directives for H-1B Visa Holders

USCIS issues guidelines aiding laid-off H-1B visa holders, offering avenues like status change, adjustment filing, compelling circumstances, and job portability.

The US Citizenship and Immigration Services (USCIS) has issued fresh guidelines for H-1B visa holders facing termination from their jobs following significant layoffs. These directives offer various options for affected immigrants to extend their stay in the US. USCIS' new directives outline multiple pathways for individuals in this situation, presenting opportunities to navigate their immigration status amid job loss. The measures come in response to the widespread impact of recent layoffs, aiming to provide clarity and support to immigrant workers facing uncertainty regarding their legal status in the country.

Nonimmigrant status holders are submitting requests to change their status within the grace period provided. Alternatively, individuals opt to file an adjustment of status application, which allows them to transition to a different immigration status. Another avenue outlined in the guidelines is applying to compelling circumstances, a provision under which workers qualify for a one-year Employment Authorization Document (EAD). Additionally, individuals benefit from a nonfrivolous petition to change employers, facilitating a transition to new employment opportunities.

Moreover, USCIS emphasizes the concept of portability, which permits eligible H-1B nonimmigrants to seamlessly transition to new employment opportunities. This flexible system enables HR professionals to facilitate the commencement of work with a new employer as soon as a nonfrivolous H-1B petition is filed without having to wait for its approval.

For workers eligible to apply for immigrant visas through self-petitioning, USCIS allows them to submit their petitions concurrently with their adjustment of status applications. During the processing of their adjustment applications, these individuals are permitted to remain in the United States and obtain an Employment Authorization Document (EAD). When individuals have received immigrant visa petitions based on employment but encounter significant challenges, they may qualify for a one-year EAD.

USCIS has issued new guidelines to assist H-1B visa holders who have been laid off from their jobs. These directives offer several avenues for affected individuals to extend their stay in the United States, including options such as changing nonimmigrant status, filing for adjustment of status, applying for compelling circumstances, and pursuing employment with a new employer through portability. Additionally, USCIS provides opportunities for individuals to concurrently apply for immigrant visas and adjustment of status, allowing them to remain in the country and obtain employment authorization during the processing period. These measures, backed by USCIS, address the challenges H-1B visa holders face in the wake of layoffs and changes in employment circumstances.