Wrong To Assume That Fired H-1B Staffers Have To Leave Country In 60 Days: US Official

The US Citizenship and Immigration Services (USCIS) has stated that it is incorrect to believe that fired workers with H-1B visas must leave the country within 60 days and that they have a number of options to remain in the country in the midst of widespread layoffs in the tech industry.

“When non-immigrant workers are laid off, they may not be aware of their options and may, in some instances, mistakenly assume that they have no choice but to leave the country within 60 days,” USCIS Director Ur M. Jaddou wrote in a letter to the Foundation for India and Indian Diaspora Studies. The Foundation for India and Indian Diaspora Studies (FIIDS), which has been advocating for laid-off H-1B visa holders, had recently written to USCIS about the effects of recent technological

In a letter to Khanderao Kand, director of policy and analysis strategy for FIIDS, the USCIS acknowledged the potential financial and emotional effects that losing a job might have on employment-based non-immigrant employees and their families in the United States.

The USCIS said that when the employment of the non-immigrant worker is terminated, either voluntarily or involuntarily, they generally take some action. If they are eligible to remain in US under authorised stay.

One of these is the submission of an application for a change in non-immigrant status as well as an application for a status adjustment. The USCIS stated that they may also submit an application for a “compelling circumstances” employment authorization paperwork or be the subject of a legitimate petition to change employers.

The non-immigrant’s period of authorised stay in the United States may exceed 60 days if one of these events takes place within the up to 60-day grace period, even if they lose their prior non-immigrant status. “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 authorised validity period ends, whichever is shorter,” the USCIS said in its letter.

USCIS also wrote that the most person who are facing the job loss already have several options to search for staying in United States while continuing the job search past 60 days.

Successful applicants informed as H-1B visa cap for FY 2024 reached

The H-1B visa cap for the fiscal year 2024, which starts on October 1, has reportedly been reached, and all successful applicants have been informed of it, according to US Citizenship and Immigration Services. The H-1B numerical allocations (H-1B cap), which include the master’s quota for advanced degree exemptions, have been reached for the fiscal year 2024, according to a statement issued by the federal agency on Monday.

According to the statement, “We have at random selected from the registrations properly submitted to reach the cap and have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

H-1B cap-subject petitions for the fiscal year 2024, including those qualified for the advanced degree exemption, may be submitted to US Citizenship and Immigration Services (USCIS) as of April 1, 2023, if they are based on a valid, selected registration.

Who is eligible to obtain H-1B status?

A person who has been offered a temporary professional position by a US m may qualify for H-1B status. The minimum educational requirement for a position to qualify for H-1B status is a bachelor’s degree or higher in a related field, and the H-1B employee must possess this degree (or higher).

What does ‘cap’ on H-1Bs mean?

The term ‘cap’ refers to the number of H-1B visas that can be issued throughout a federal fiscal year. A fiscal year begins on October 1st and ends on September 30th of the following year. For the entire nation, the limit on H-1B visas is currently fixed at 65,000.