University of Kwazulu-Natal

Uscis Provides List Of Options For Nonimmigrant Workers Following

Bonisiwe Shabane
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uscis provides list of options for nonimmigrant workers following

The information on this page is out of date.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. Earlier this week, USCIS posted a reminder to foreign nationals to consult the detailed guidance it has made available on its website.

USCIS lists options available for nonimmigrant workers who have been laid off, clarifying that leaving the country within 60 days is not the only recourse. Additional Information: 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. BAL Analysis: For foreign nationals who are laid off in the U.S. and want to stay, the “alphabet soup” of visa options might appear daunting. But solutions, whether temporary or permanent, may be possible.

It is important for them to seek counsel and learn about eligibility requirements to help tailor their search. Both employers and employees should be sure to consult the most recent guidance from USCIS. Given the recent increase in layoffs in a number of industries in the U.S., U.S. Citizenship and Immigration Services (USCIS) provided a list of options that may be available to nonimmigrant workers seeking to remain in the United States in a period of authorized stay following termination of employment. Link: https://www.uscis.gov/newsroom/alerts/options-for-nonimmigrant-workers-following-termination-of-employment 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...

In order for you to come to the United States lawfully as a nonimmigrant to work temporarily, your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS1. Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa, unless exempt. Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status. Please see the Form I-539 instructions for further information on filing procedures for this application. Aliens employed in the United States may have a U.S.

tax obligation. See the Taxation of Nonresident Aliens page on the Internal Revenue Service (IRS) website for more information. In general, only aliens who have permission from DHS to work can apply for a Social Security number. Find additional information about Foreign Workers and Social Security Numbers (PDF) on the Social Security Administration website. U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily.

These 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...

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