Lost Your H-1B Job In The US? Here's How To Extend Your Stay

In response to the increasing number of tech layoffs in the US, affecting numerous nonimmigrant workers, the US Citizenship and Immigration Services (USCIS) has issued crucial guidelines.

These guidelines aim to assist laid-off workers in extending their stay in the country, beyond the typical 60-day period following the expiry of their visas. This move seeks to address the concerns of nonimmigrant workers who might believe their only option is to depart the US within the 60-day timeframe.

The USCIS, in a post on X on Wednesday, highlighted that H-1B and other noncitizen workers often aren't aware of their options post-layoff. The agency shared a link to a comprehensive guide on its official website, outlining how laid-off nonimmigrant workers can extend their stay.

The guide details four key methods for individuals to remain in the US under authorized status after their 60-day period expires.

Options for Extending Stay

Firstly, nonimmigrant workers can file an application for a change of nonimmigrant status before their current stay expires. To be eligible, individuals must have been lawfully admitted, possess a valid status, have committed no violations, and have no disqualifying criminal records. The USCIS recommends using Form I-129 for employment-based status changes and Form I-539 for other types of changes, though some exceptions may apply.

Secondly, those wishing to adjust their status in the US should first check their eligibility on the Green Card Eligibility Categories page. If eligible, they must complete the necessary forms, including I-130, I-140, I-730, or I-589, and verify visa availability. Subsequently, they should submit Form I-485 following USCIS instructions and possibly seek legal advice.

Thirdly, laid-off workers might qualify for a temporary Employment Authorization Document (EAD) under "compelling circumstances." This option requires specific nonimmigrant statuses or an approved Form I-140. Applicants must use Form I-765, pay the applicable fee, and provide supporting evidence. This EAD is usually granted for one year and allows for work authorization while awaiting an immigrant visa.

Finally, workers can maintain employment in the US if they are the beneficiaries of nonfrivolous petitions to change employers. This requires another employer to sponsor the worker for a new visa category and file a petition with USCIS on their behalf.

This guidance from USCIS aims to alleviate the uncertainty faced by nonimmigrant workers amidst the wave of tech layoffs. By providing clear, accessible options for extending their stay, USCIS is ensuring that these individuals are aware of the pathways available to them, thereby enabling them to navigate their next steps with confidence. As the situation develops, these guidelines stand as a vital resource for those affected by layoffs in the tech sector.