The US Citizenship and Immigration Services (USCIS) has rolled out new guidelines tailored for H-1B visa holders who find themselves jobless due to termination. These guidelines offer options beyond the standard 60-day grace period typically granted.
As per the USCIS announcement, when a nonimmigrant worker’s job ends, whether voluntarily or involuntarily, they now have several paths to maintain an authorized stay in the United States:
1. Change of Nonimmigrant Status: H-1B visa holders can apply for a change of nonimmigrant status.
2. Adjustment of Status Application: Another option is to file an adjustment of status application.
3. Application for “Compelling Circumstances”: Workers may qualify for a one-year Employment Authorization Document (EAD) by filing an application citing compelling circumstances.
4. Become Beneficiary of a Nonfrivolous Petition to Change Employer: They can also apply to become the beneficiary of a nonfrivolous petition to change employer.
Also, failure to initiate any of these actions within the grace period may necessitate leaving the country. If no action is taken within this time frame, both the worker and their dependents may need to depart the United States within 60 days or when their authorized validity period ends, whichever is shorter, as per the notification.
Nonimmigrant status typically hinges on an approved Form I-129, Petition for a Nonimmigrant Worker, or, following admission, a subsequently approved Form I-539, Application to Extend/Change Nonimmigrant Status.
ALSO READ: “Revamping H-1B Visa Processing: USCIS Unveils Beneficiary-Centric Rules for FY 2025”
Furthermore, a period of authorized stay typically includes when a timely filed non-frivolous petition or application requesting an extension of stay or change of status is pending with USCIS.
This move by USCIS comes in the wake of January’s announcement regarding changes to the H-1B visa registration process for 2025. These changes aim to enhance integrity and reduce fraud by mandating employers to furnish beneficiary passport information upfront.
The rule, which seeks to ensure fairness in beneficiary selection, is slated to be effective from the FY 2025 registration period. USCIS Director Ur M Jaddou has emphasized that these changes are geared towards bolstering integrity and streamlining application processes.
For those eyeing the 2025 H-1B visa, registration opens on March 6, 2024, and closes on March 22, 2024, marking an important timeline for prospective applicants to bear in mind.
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