Article Summary

USCIS has released new guidelines for H-1B visa holders who have been terminated from their jobs, a situation increasingly common due to recent layoffs at major US companies. The guidelines outline several options for individuals to legally extend their stay in the US beyond the 60-day grace period. These options include applying for a change of nonimmigrant status, adjustment of status, a 'compelling circumstances' employment authorization document, or being the beneficiary of a new employer petition.

TNP AI: Key Insights

These USCIS guidelines are critically important for the H-1B community, especially given the recent wave of tech layoffs impacting a significant number of skilled foreign workers. They provide essential clarity on the often-anxiety-inducing period following job termination, outlining concrete steps to potentially extend legal stay beyond the standard 60-day grace period.

By detailing options such as change of status, adjustment of status, and the 'compelling circumstances' EAD, USCIS empowers H-1B holders with actionable pathways to navigate career transitions without immediately facing an out-of-status situation. This proactive clarification helps mitigate the immediate panic associated with job loss and enables individuals to explore new employment opportunities or other immigration avenues with greater confidence.