To address the challenges faced by H-1B visa holders impacted by recent layoffs, the US Citizenship and Immigration Services (USCIS) has implemented new guidelines that offer extended stay options and increased flexibility. These guidelines provide multiple pathways for individuals to maintain their status in the United States.
One significant measure introduced by the USCIS is the concept of portability, which allows eligible H-1B nonimmigrants to seamlessly transition to new employment opportunities. Under this provision, individuals can commence employment with a new employer as soon as a nonfrivolous H-1B petition is filed, without having to wait for its approval. This flexibility is designed to facilitate a smooth transition and reduce disruptions to their work and immigration status.
Furthermore, H-1B workers who are eligible to apply for immigrant visas through self-petitioning can now submit their petitions concurrently with their adjustment of status applications. This streamlined process enables individuals to remain in the US during the processing of their adjustment applications and obtain an Employment Authorization Document (EAD). This document allows them to continue working and earning a living while their immigration status is being adjudicated.
Additionally, individuals who have been granted immigrant visa petitions based on employment but face significant challenges may be eligible for a one-year EAD. This provision offers temporary relief to those experiencing difficulties and provides them with an opportunity to resolve their issues while maintaining their legal status in the country.
