Perception that H-1B visa holders can leave the country within 60 days if fired is wrong: USCIS


Amid massive layoffs in the technology sector, the US Citizenship and Immigration Services (USCIS) has said it is wrong to believe that H-1B visa holders have to leave the country within 60 days after being fired. Although they have many options to stay in the country.

In a letter to the Foundation for India and Indian Diaspora Studies (FIIDS), USCIS Director Ur M Jaddu said, “When non-immigrant workers are laid off, they are not aware of their options and in some cases are wrongly assumes that they have no option but to leave the country within 60 days.”

The Foundation for India and Indian Diaspora Studies, which works for fired H-1B visa holders, recently wrote to USCIS about the effects of layoffs in the technology sector and to extend the 60-day period to leave the country. was requested.

“We are particularly aware of the problem of layoffs in the technology sector,” USCIS said. According to USCIS, when non-immigrant workers leave voluntarily or involuntarily… they typically have There are four options. These include filing an application for change of nonimmigrant status and filing an application for adjustment of status.

USCIS said they may also file an Application for Employment Authorization Document or request a change of employer in “compelling circumstances.”

USCIS said in a letter, “If one of these actions is taken within the 60-day period, the non-immigrant may remain in the United States authorized for more than 60 days even if he or she continues to use their old non-immigrant status. – have lost their immigrant status.

According to USCIS, if the employee does not take action within the grace period, they and their dependents may be required to leave the United States within 60 days or upon the expiration of their authorization period.

The US Citizenship and Immigration Services also informed that the processing of H-1B visas for FY 2024 has started from October 1 and all eligible applicants have been informed about it.

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