US issues fresh guidelines for H-1B visa holders who have been laid off; Check details

The US Citizenship and Immigration Services (USCIS) has announced fresh guidelines for H-1B visa holders who have been terminated from their jobs. Recently, major corporations like Google, Tesla, and Walmart have announced sweeping layoffs, affecting the lives of many immigrant workers on H-1B visas. 

Employees with H-1B visas who have been laid off can stay in the United States for more than 60 days, according to the US Citizenship and Immigration Services (USCIS). Tech giants including as Google, Meta, Apple, Dell, Twitter, Amazon, and Microsoft, among others, have sacked thousands of non-immigrant employees in the United States, including many Indians. There is a prevalent belief that laid-off employees must depart the United States within 60 days. But the USCIS has clarified on this in its latest statement.

"When non-immigrant workers are laid off, they may not be aware of their options and, in some cases, may wrongly assume that they have no option but to leave the country within 60 days," said the USCIS in its most recent press release. The tech industry continues to struggle with layoffs, with fresh job cutbacks reported every month. So far, 237 IT businesses have laid off 58,499 people in 2024.

According to the news release, when a non-immigrant worker's job ends, either willingly or involuntarily, they can normally take one of the following options, if eligible, to continue their approved stay in the United States:

• Apply for a change of non-immigrant status.
• File an application for status modification.
• Submit an application for a 'compelling circumstances' employment authorization paper.
• Be the recipient of a non-frivolous petition to switch employment.

If a non-immigrant engages in any of these actions within the 60-day grace period, they may remain in the United States for more than 60 days, even if they lose their prior non-immigrant status. But if they don't take any action during this time, they and their dependents might have to leave the US within 60 days, or when their authorised period ends, whichever comes sooner.