USCIS Issues Fresh Guidelines For Laid-Off H-1B Visa Holders; 5 Ways Through Which They Can Maintain Legal Identity In US

Among the employees who were terminated in the US, here are a few options that they can use to maintain their identity.

May 16, 2024 - 01:30
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USCIS Issues Fresh Guidelines For Laid-Off H-1B Visa Holders; 5 Ways Through Which They Can Maintain Legal Identity In US

New Delhi: In a fresh set of guidelines issued by the US Citizenship and Immigration Services (USCIS), the USCIS has announced fresh guidelines for H-1B visa holders who were earlier terminated from their jobs. For the uninformed, major corporations like Google, Tesla, and Walmart announced sweeping layoffs at the beginning of the year, which led to confusion in the minds of employees who were terminated.

Among the employees who were terminated, many thought that they had no option but to leave the country within 60 days. However, there are a five options through which they can maintain their legal status.

Options For H-1B Visa Holders:

  • Filing for a change of nonimmigrant status;
  • Applying for adjustment of status;
  • Seeking a “compelling circumstances” employment authorization document;
  • Being the beneficiary of a nonfrivolous petition to change employers.

Moreover, the eligible H-1B nonimmigrants can also start working for a new employer as soon as the new H-1B petition is filed and then an adjustment of status application can be transferred to a new offer of employment.

The H-1B visa is a non-immigrant visa that enables US firms to engage foreign workers in specialized roles demanding theoretical or technical skills. This visa is important for technology companies, facilitating the recruitment of numerous employees annually from nations such as India and China. With its significance in filling skill gaps and driving innovation, the H-1B visa program plays a vital role in the tech industry’s workforce diversity and expertise.

H-1B Visa Fee Hike For Indians

The H-1B visa, crucial for many Indian IT professionals seeking employment in the US, will now cost significantly more. The application fee for the H-1B visa has been raised from USD 460 (over Rs 38,000) to USD 780 (over Rs 64,000), with the registration fee also jumping from USD 10 (Rs 829) to USD 215 (over Rs 17,000). This increase could affect the tech industry, which relies heavily on this visa category to fill specialised positions.

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