New guidelines have been released by US Citizenship and Immigration Services (USCIS) for H-1B visa holders who have lost their jobs while working in the US. Not only did major American employers like Google, Tesla, and Walmart recently declare that they were laying off workers, but a large portion of US IT workers are Indian.

The USCIS guidelines provide multiple options for persons to prolong their stay in the United States. For those with an H-1B visa who have lost their employment, there is a 60-day grace period; however, the USCIS has detailed the procedures to be followed once the grace period has ended.

When an employee’s employment in the United States ends—either because they are asked to leave or because they choose to—they often have a few alternatives for lawfully remaining in the nation for a predetermined amount of time.

Options for laid-off H1-B visa holders:

• Apply for a change of non-immigrant status;
• Apply adjustment of status;
• Apply to a “compelling circumstances” employment authorization document; or
  •Be the beneficiary of a nonfrivolous petition to change employer.

The guidelines that H-1B non-immigrants must abide by when starting a new job in the US were also provided by the USCIS. The visa holder’s new employer must complete Form I-129 and submit it to the relevant authorities if they wish to change employment. Once the documentation is submitted, the employee can begin working for their new employer immediately; they are not required to wait for clearance before changing jobs.

USCIS allows permanent residents who have been waiting for approval for at least 180 days to move their underlying petition to a new job offer. Workers can apply for immigrant visas without employer sponsorship and stay in the US while waiting for status adjustment. In cases of major difficulties, they may qualify for a one-year EAD.