H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise
The US Citizenship and Immigration Services (USCIS) is the federal agency that oversees lawful immigration to the United States and administers the H-1B visa program
The USCIS has said that it is wrong to assume that fired workers who hold H-1B visa have to leave the country within 60 days and that they have multiple options to stay
The USCIS was replying to a letter by the Foundation for India and Indian Diaspora Studies (FIIDS), a non-profit organization that promotes the interests of Indians and Indian Americans, about the impact of recent tech sector layoffs and the need for an increase in the grace period for H-1B visa holders.
The USCIS said that under current regulations, an H-1B worker who is terminated or laid off may be eligible for a grace period of up to 60 days or until the end of their authorized validity period, whichever is shorter, to find another employer or change their status
The USCIS also said that an H-1B worker who is unable to find another employer or change their status within the grace period may request a discretionary extension of stay or change of status based on humanitarian or other factors, such as medical emergencies, natural disasters or family separation.
The USCIS further said that an H-1B worker who has a pending application for adjustment of status (green card) may be able to continue working in the US even if their H-1B employment is terminated, as long as they have a valid employment authorization document (EAD) or are eligible for an automatic extension of their EAD
The USCIS also said that an H-1B worker who has an approved immigrant petition (I-140) may be able to port their priority date to a new employer or a new job category, as long as they meet certain requirements and their green card application is not denied