US Immigration Services: Fired H1B Staffers Don’t Have To Leave In 60 Days, Have Multiple Options

by Vaishalee Kalvankar
US Immigration Services: Fired H1B Staffers Don’t Have To Leave In 60 Days, Have Multiple Options

You all must have heard about the mass lay-offs that have been taking place in the tech sector in the United States. Amid this, US Citizenship and Immigration Services (USCIS) informed something very important. It informed that it is completely wrong to think that the fired H1B staffers have to leave within 60 days. Here is exactly what the Services meant. 

H1B Staffers Do Not Have To Leave Within 60 Days

The US Citizenship and Immigration Services (USCIS) explained that all the fired workers holding H1B visas have different options to stay in the country. 

USCIS Director Ur M Jaddou explained an important thing. He said that when non-immigrant workers are fired, they don’t know of the various stay options they have. He wrote this in a letter to the Foundation for India and Indian Diaspora Studies (FIIDS). H1B staffers actually wrongly assume that they have no option but to leave the country. 

The FIIDS had written a letter to USCIS regarding the impact of these massive layoffs in the tech industry as well as requesting them to increase the grace period for these visa holders. USCIS responded by acknowledging the effects of layoffs on non-immigrant employees. They said that they are aware of the involuntary terminations. 

H1B Staffers
Pic credits: Wallpaper Flare

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What To Do?

USCIS said that when a non-immigrant worker is fired, they can take any one of the four options given below:

  1. An application for a change in non-immigrant status
  2. Being the recipient of a non-frivolous petition to change employers
  3. An application for adjustment of status
  4. An application for a document authorising employment under “compelling circumstances

Even if the nonimmigrant loses their previous non-immigrant status, their duration of authorised stay in the United States may extend by 60 days if one of these applications takes place during the up to 60-day grace period.

The H1B staffer and their dependents have to leave the country if they do not take any action within the 60-day time period or their authorised validity period. (Acc to a  report by The Hindustan Times)

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What are your views on the massive layoffs? Let us know below

Cover Image Courtesy: Max Pixel