• Source:JND
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The US Citizenship and Immigration Services (USCIS) issued fresh guidelines for H-1B visa holders who have been laid off from their jobs. This comes as several tech giants like Google, Tesla, and Walmart have announced a cut in the number of employees. Noting that "nonimmigrant workers might not know their options or wrongly assume that they have no option but to leave the country within 60 days,"  the USCIS issued the advisory.

The USCIS rules provide an opportunity for these individuals to extend their stay by outlining many pathways. Let's take a look at what those are::

1. File an application for a change of nonimmigrant status;

2. File an application for an adjustment of status;

3. File an application for a "compelling circumstances" employment authorization document;

4. Be the beneficiary of a nonfrivolous petition to change employers.

According to USCIS, the idea of mobility makes it easy for qualified H-1B nonimmigrants to move to new job possibilities. Due to this flexibility, people can start working for a new employer without having to wait for their nonfrivolous H-1B petition to be approved. Employees who meet the requirements to self-petition and apply for immigrant visas can also submit their petitions at the same time while applying to adjust their status.

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These workers are permitted to remain in the United States and obtain an Employment Authorization Document (EAD) while their adjustment applications are being reviewed. A one-year EAD may be available to people whose immigrant visa petitions were approved due to their employment and who are experiencing serious difficulties.

According to the rules, if your spouse has an EAD or employment authorisation incident to status, this authorization to work will remain valid during the maximum 60-day grace period.