The U.S. Citizenship and Immigration Services (USCIS) is reminding certain visa holders that there are options available to them if they have been laid off or fired. USCIS issued a statement on Tuesday, along with a link to the guidance, stating that “When H-1B or other noncitizen workers are laid off, they may not be aware of their options and may wrongly assume that they have no choice but to leave the country within 60 days.” The updated guidelines, which were released last month, provide several options for individuals on work visas who have lost their jobs “either voluntarily or involuntarily.” These options include filing an application for a change of nonimmigrant status, adjustment of status, or a “compelling circumstances” employment authorization document. The guidelines also note that an individual can extend their stay if they are the beneficiary of a nonfrivolous petition to change employers. “If one of these actions occurs within the up to 60-day grace period, the nonimmigrant’s period of authorized stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant status,” the guidelines state. “If the worker takes no action within the grace period, they and their dependents may then need to depart the United States within 60 days, or when their authorized validity period ends, whichever is shorter.” The Biden administration proposed reforms to the H-1B visa program in October, which has become a controversial topic over the years due to claims that it is abused by tech companies to reduce costs by hiring foreign workers instead of Americans. However, the new rules implemented by the Department of Homeland Security were designed to simplify the process and increase flexibility for both employers and workers. These new rules, which went into effect in January, also aimed to combat fraud and abuse of the H-1B process. “We’re always looking for ways to bolster integrity and reduce the potential for fraud while also improving and streamlining our application processes,” USCIS Director Ur M. Jaddou said in a statement at the time. The USCIS announcement comes amid a wave of layoffs by some of the nation’s largest employers, including Walmart, which announced layoffs on Tuesday that will impact hundreds of jobs at its campus offices, according to The Associated Press. “While the overall numbers are small in percentage, we are focused on supporting each of our associates affected by these changes,” Walmart Chief People Officer Donna Morris said in an internal memo about the layoffs obtained by FOX Business, adding that impacted employees had already been notified and that the company would “work closely with them in the coming days and months to navigate the best path forward.” Walmart’s action follows similar announcements by Google, Tesla, and Microsoft, according to Business Insider, with Tesla announcing a 10% reduction in its workforce in April. Google laid off approximately 12,000 employees last year, and the report indicates that those cuts have continued into 2024. Walmart announced on Tuesday that layoffs would affect several hundred jobs at its campus offices. (Google Maps) According to FOX Business, Google and Microsoft are among the companies with the highest number of approved H-1B petitions, with the majority of the visas issued to workers from India and China. Amazon and IBM were among the other top companies utilizing the program, with Amazon having the highest number of approved petitions of any company. The White House and USCIS did not immediately respond to a request for comment from Fox News Digital.
USCIS Issues Guidance on Options for Laid-Off Visa Holders
