The US Citizenship and Immigration Companies (USCIS) stated that fired staff who maintain H-1B visas shouldn’t have to depart the nation inside 60 days they usually have a number of choices to remain. The USCIS was replying to a letter by the Basis for India and Indian Diaspora Research (FIIDS) concerning the impression of latest tech sector layoffs. The FIIDS additionally sought to lift the 60-day grace interval. 

The 60-day grace interval has been codified within the Division of Homeland Safety laws. USCIS director Ur M Jaddou stated in a letter to the FIIDS as accessed by information company PTI, “When non-immigrant staff are laid off, they will not be conscious of their choices and should, in some cases, wrongly assume that they don’t have any choices however to depart the nation inside 60 days.” The USCIS additional acknowledged the monetary and emotional impression {that a} job loss can have on employment-based non-immigrant staff and their households within the nation. 

The USCIS additional famous, “We’re conscious of the problem of involuntary terminations, particularly within the expertise sector.” FIIDS director for coverage and evaluation technique Khanderao Kand stated in an announcement that leaving the States after layoffs has a right away impact on the households of the impacted H-1B staff and their school-going kids. 

“Shedding these professionals can be a mind drain impacting the long run competitiveness of the US in rising applied sciences. Therefore, FIIDS has launched a multi-phase marketing campaign from consciousness constructing to collectively written letters to the USCIS with elected officers and different outstanding organizations,” the assertion learn.

Right here’s what an H-1B employee can do in the event that they’re terminated from their jobs

If a non-immigrant employee is terminated voluntarily or involuntarily, they will take any one of many following actions: 

1. Submitting an software for a change of non-immigrant standing

2. Submitting an software for adjustment of standing

3. Submitting an software for “compelling circumstances” employment authorisation doc

4. Change into the beneficiary of a petition to vary employer 

How can these actions show useful for non-immigrant staff within the US? 

The USCIS stated in its letter that if a non-immigrant takes any one of many aforementioned actions inside the 60-day grace interval, their interval of authorised keep within the US can exceed 60 days even when they lose out on their non-immigrant standing. 

The USCIS additional stated, “If the employee takes no motion inside the grace interval, they and their dependents could then have to depart america inside 60 days, or when their authorised validity interval ends, whichever is shorter.”

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