University of Kwazulu-Natal

Pdf Options For Nonimmigrant Workers Following Termination Of Employme

Bonisiwe Shabane
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pdf options for nonimmigrant workers following termination of employme

The information on this page is out of date. However, some of the content may still be useful, so we have archived the page. When nonimmigrant workers are laid off, they may not be aware of their options and, in some instances, may wrongly assume that they have no option but to leave the country within 60 days. When a nonimmigrant worker’s employment ends, either voluntarily or involuntarily, they typically may take one of the following actions, if eligible, to remain in a period of authorized stay in the United States: If one of these actions occurs within the up to 60-day grace period, the nonimmigrant’s period of authorized stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant... If the worker takes no action within the grace period, they and their dependents may then need to depart the United States within 60 days, or when their authorized validity period ends, whichever is...

Nonimmigrant status is typically based on an approved Form I-129, Petition for a Nonimmigrant Worker, or after admission, a subsequently approved Form I-539, Application to Extend/Change Nonimmigrant Status. A period of authorized stay typically includes the period when a timely filed nonfrivolous petition or application requesting an extension of stay or change of status is pending with USCIS, as described in detail... When a nonimmigrant worker in the United States is terminated—whether voluntarily or involuntarily—it often triggers a race against time to maintain legal status. For several years, the USCIS webpage titled “Options for Nonimmigrant Workers Following Termination of Employment” served as a go-to reference for workers to be aware of their options and their ability to remain lawfully... However, USCIS has now archived that page, signaling that while some of the information may still be useful, it is no longer considered current or authoritative. The archived USCIS guidance outlined several key options for nonimmigrant workers following a termination of employment, including:

These remain grounded in existing regulations and are not invalid simply because the page was archived. However, USCIS may no longer stand behind that summary as its current policy, and applicants should be cautious about relying on it without up-to-date legal guidance. When USCIS archives a webpage, it is flagging that the information may be: While the content is still publicly available, it no longer reflects official, active guidance. Immigration decisions based on archived content may therefore be more vulnerable to changed adjudication standards. Due to the current economic downturn and widespread layoffs, particularly in the IT sector, many H-1B workers and their families are finding themselves in a difficult situation.

When an H-1B employee is laid off, they typically have only 60 days grace period to change an employer or switch to another status; otherwise, they and their family will have to leave the... This can be a stressful and uncertain time, especially for those who have established their lives in the U.S. over many years. However, it’s important to know that there are several options available to remain in the U.S. legally — but action must be taken within the 60-day grace period. Eligible nonimmigrant workers can consider the following to maintain their authorized stay:

Be the beneficiary of a nonfrivolous petition for a change of employer File for a change of nonimmigrant status to another eligible status Apply for an employment (e.g., EB-1A, EB-2 NIW category) or family-based adjustment of status On December 19, 2022, U.S. Citizenship and Immigration Services (USCIS) released information regarding nonimmigrant workers whose employment is terminated, either voluntarily or involuntarily. USCIS indicated that nonimmigrant workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.

This release gave a detailed summary of the possible options for nonimmigrant workers who were terminated from their employment. Below is a compilation of options that may be available to nonimmigrant workers seeking to remain in the United States in a period of authorized stay following termination. Please note that not all options below provide employment authorization. Immigration regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation... During this period, workers may be able to maintain their nonimmigrant status if a new employer timely files a petition on their behalf with an extension of stay request (e.g., an H-1B change of... Alternatively, workers may be able to remain in the United States in a period of authorized stay if they timely file an application to change to a new nonimmigrant status (such as B-2 visitor...

However, workers who are unable to timely file a change of status application, or find a new employer who timely files a change of employer petition for the worker, may be required to depart... USCIS has recently provided information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. Such workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations. Below is a compilation of options that may be available to nonimmigrant workers seeking to remain in the United States in a period of authorized stay following termination. Please note that not all options below provide employment authorization. Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of...

During this period, workers may be able to maintain their nonimmigrant status if a new employer timely files a petition on their behalf with an extension of stay request (e.g., an H-1B change of... Alternatively, workers may be able to remain in the United States in a period of authorized stay if they timely file an application to change to a new nonimmigrant status (such as B-2 visitor... The recent decision by the U.S. Citizenship and Immigration Services (USCIS) to archive its guidance titled "Options for Nonimmigrant Workers Following Termination of Employment" has left many work visa holders uncertain about their next steps after job termination. While the underlying regulations remain unchanged, the removal of this guidance from active status means individuals must exercise caution and seek updated legal advice. Previously, the USCIS guidance provided a roadmap for nonimmigrant workers facing employment termination, outlining options such as:

60-Day Grace Period: Allowing certain visa holders (e.g., H-1B, L-1, O-1) up to 60 days to take action to maintain lawful status. Change of Status Applications: Transitioning to another nonimmigrant status, such as B-2 visitor status. H-1B Portability: Permitting H-1B workers to commence employment with a new employer upon the filing of a nonfrivolous petition. Access to this page is available to visitors with a free NAFSA account.

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