Amid layoffs, Wrong to assume fired H-1B holders have to leave within 60 days
Washington: Amid massive layoffs in the IT sector, the US Citizenship and Immigration Services (USCIS) has said that it is wrong to assume that fired workers holding H-1B visa has to leave the country within 60 days and that they have multiple options to stay.
In a letter to the Foundation for India and Indian Diaspora Studies, USCIS Director Ur M Jaddou said, “When non-immigrant workers are laid off, it has been seen many times that they are not fully aware of their options and in some cases falsely conclude that they have no choice but to leave the country within 60 days.”
The Foundation for India and Indian Diaspora Studies (FIIDS), which is working for laid-off H-1B visa holders, had recently written to the USCIS highlighting the negative effects of the recent layoffs in the ITH sector and sought an extension of the 60-day grace period.
In a letter addressed to FIIDS director for policy and analysis strategy Khanderao Kand, said it understands the financial and emotional impact of job losses on employment-based non-immigrant workers and their families in the US.
“We are aware of the case of involuntary layoffs, particularly in the technology (IT) sector. When a non-immigrant worker’s employment ends whether voluntarily or involuntarily, those affected by it can generally consider four measures to gain eligibility to remain in the United States over a period of authorized stay,” the USCIS said.
Prominently, non-immigrants can file an application for a change in status or filing application for adjustment of their visa status. They can avail benefits by filing employment authorization documents or petitioning for change of employer.
