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In recent times, big names such as Google, Tesla, and Walmart have made tough decisions, leading to significant job losses for immigrant workers holding H-1B visa. But amidst these challenges, the US Citizenship and Immigration Services (USCIS) has stepped in with fresh guidelines to offer some relief.
If you find yourself in a situation where you’ve lost your job on an H-1B visa, here’s what you need to know about your options beyond the initial 60-day grace period:
1. Change of Nonimmigrant Status: You can apply for a change of nonimmigrant status within the grace period.
2. Adjustment of Status Application: Another option is to file an adjustment of status application.
3. Application for “Compelling Circumstances”: If you qualify under certain compelling circumstances, you can apply for a one-year Employment Authorization Document (EAD).
4. Nonfrivolous Petition to Change Employer: You can file an application to become the beneficiary of a nonfrivolous petition to change your employer.
Moreover, USCIS emphasizes the concept of portability, which allows eligible H-1B nonimmigrants to smoothly transition to new job opportunities without waiting for approval, once a nonfrivolous H-1B petition is filed.
For those eligible to apply for immigrant visas through self-petitioning, submitting petitions concurrently with adjustment applications is possible. During the processing period, individuals can stay in the US and obtain an Employment Authorization Document (EAD). Additionally, if you’ve been granted immigrant visa petitions based on employment but face significant challenges, you may also qualify for a one-year EAD.
Navigating through job loss can be daunting, especially for immigrants on H-1B visas. However, with these guidelines and options provided by USCIS, there’s hope for a smoother transition and a new beginning in the US job market.
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