Updated May 15th, 2024 at 15:01 IST

Fresh Guidelines Issued For H-1B Visa Holders Who Have Been Terminated. Details Inside

H-1B Latest News: Beyond the standard 60-day grace period, the USCIS guidelines provide several options for H-1B visa holders who have been terminated.

Reported by: Digital Desk
H-1B Latest News: Beyond the standard 60-day grace period, the USCIS guidelines provide several options for H-1B visa holders who have been terminated. | Image:Freepik
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New Delhi: The US Citizenship and Immigration Services (USCIS) has unveiled new guidelines for H-1B visa holders who face termination from their employment. The development comes following recent layoffs announced by major companies like Google, Tesla, and Walmart.  

Beyond the standard 60-day grace period, the USCIS guidelines provide several options for H-1B visa holders who have been terminated from their jobs.

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During the grace period, individuals on H-1B visas can explore these options:

  • Apply for a change of nonimmigrant status within the grace period.
  • File an adjustment of the status application.
  • Submit an application citing "compelling circumstances" to qualify for a one-year Employment Authorization Document (EAD).
  • Initiate an application to become the beneficiary of a non-frivolous petition for a change of employer.

Furthermore, USCIS stressed on the importance of portability for eligible H-1B nonimmigrants, allowing them to seamlessly transition to new job opportunities. This flexibility permits individuals to begin work with a new employer upon filing a legitimate H-1B petition, bypassing the need to wait for its approval.

Those eligible to apply for immigrant visas through self-petitioning can simultaneously submit their petitions while applying for adjustment of status. During the processing of their adjustment applications, these individuals can remain in the U.S. and obtain an Employment Authorization Document (EAD). Additionally, in situations where individuals have received immigrant visa petitions based on employment but encounter significant challenges, they may qualify for a one-year EAD.

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Published May 15th, 2024 at 15:01 IST