USCIS Shows How Laying Off H1-B Workers Helps in Employment

USCIS Shows How Laying Off H1-B Workers Helps in Employment

A few days ago, Tesla employees who were working under the H-1B Visas got laid off. This was a very drastic step by them and many people for this reason are hence unemployed.

To take matters into hand, and get agile responses, the people who got laid off, started using social media to seek jobs. Apparently, the H-1B visa holders get a grace period of 60 days in which they must get another job in the country.

Remember, under the H-1B transfer procedure, the new employer must sponsor the employee and do all the relevant paperwork.

However, today the USCIS posted some news on X saying that after the layoff of employees holding H-1B visas, they’re not really well aware of their options and can even wrongly assume that they literally have no choice but to leave the country within the time period of 60 days (about 2 months).

Even though the guidance is not very new, USCIS has also made it extremely clear that these convenient layoffs of H-1B visa holders have improved the employment opportunities of US residents.

Now coming to the benefits of the H-1B visa holders, the USCIS didn’t fail to pass any information about them as well. The USCIS presented certain loopholes where one can transition their visitor visa to their student visa. This way they won’t have to worry about the validity of their visa being run.

A renowned US immigration attorney Robert Weber said that if someone doesn’t have their H-1B transfer job offer lined up within the grace period of 45 days (about 1 and a half months), it’s recommended that they file an I-539 to change their visa status from H-1B to B-2. This would help them to “buy time” and transition through the US.

However, he also exclaims that even though this change of status might not grant them to work as they did previously, it will help them reside in the US for some time.

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Titas Ghosh Chaudhury
Titas is a lawyer with a penchant for writing. In her leisure hours she likes to read books and collect Pokemon plushies and stay updated with different law judgements.

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