USCIS Releases Details on Alternatives Available for Nonimmigrant Employees After Job Loss

During the first quarter of 2023, major tech companies like Alphabet, Amazon, Facebook, and Microsoft laid off 100,000 workers. Many who lost their jobs were immigrants, especially H-1B visa holders. After termination, highly skilled non-US citizens have 60 days to find a new employer to sponsor them. Otherwise, they should leave the US.

Recommended Options After Being Laid Off

The USCIS recommends the following solutions for employment-based immigrants who lost their jobs to maintain a lawful presence within the country:

  • Apply for a change of nonimmigrant status
  • Apply for an adjustment of status
  • File an employment authorization document (EAD) under the “compelling circumstances” category
  • Seek sponsor in a nonfrivolous petition to change employer

Before choosing any of these options, it is advisable to consult an immigration attorney.

Expedited Change of Status

It is possible to expedite an application to change or adjust one’s immigration status. However, granting this petition depends on the USCIS’ discretion. Also, premium processing is not free. It comes with a fee that interested parties should pay upfront.

Effectivity of Grace Period

The 60-day grace period will begin the day after the employee loses employment. It does not matter whether the employee voluntarily or involuntarily lost their job. It is advisable for applicants to act immediately.

Seek Immigration Solutions with ALG Lawyers

Employment security is crucial for any immigrant. If you or your loved one is suffering labor problems affecting your immigration status, consult ALG Lawyers. We are an immigration law office dedicated to improving the lives of immigrants in the US. We can discuss your problems and determine the best legal solutions.

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)