Amid mass layoffs within the tech sector, the U.S. Citizenship and Immigration Services (USCIS) has stated it’s incorrect to imagine that fired staff holding H-1B visas have to depart the nation inside 60 days and that they’ve a number of choices to remain.
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Amid mass layoffs within the tech sector, the U.S. Citizenship and Immigration Services (USCIS) has stated it’s incorrect to imagine that fired staff holding H-1B visas have to depart the nation inside 60 days and that they’ve a number of choices to remain.
In a letter to the Foundation for India and Indian Diaspora Studies, USCIS Director Ur. M. Jaddou stated, “When non-immigrant workers are laid off, they may not be aware of their options and may, in some instances, wrongly assume that they have no option but to leave the country within 60 days.” The Foundation for India and Indian Diaspora Studies FIIDS), which has been working for laid-off H-1B visa holders, had not too long ago written to USCIS in regards to the impacts of latest expertise sector layoffs and sought a rise to the as much as 60-day grace interval.
In the letter addressed to FIIDS director for coverage and evaluation technique Khanderao Kand, the USCIS stated it acknowledges the monetary and emotional impression that job loss can have on employment-based non-immigrant staff and their households within the United States.
“We are aware of the issue of involuntary terminations, especially in the technology sector,” it stated.
When a non-immigrant employee’s employment is terminated, both voluntarily or involuntarily, they usually might take one of many 4 actions, if eligible, to stay in a interval of licensed keep within the United States, the USCIS stated, Prominent amongst these embrace submitting an software for a change of non-immigrant standing and submitting an software for adjustment of standing.
They can even file an software for a “compelling circumstances” employment authorization doc or be the beneficiary of a nonfrivolous petition to alter employer, the USCIS stated.
“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 non-immigrant status. “If the employee takes no motion throughout the grace interval, they and their dependents might then have to depart the United States inside 60 days, or when their licensed validity interval ends, whichever is shorter,” the USCIS said in its letter.
It said that because the up to 60-day grace period is codified in the Department of Homeland Security regulations, extending it would require a regulatory change in compliance with the Administrative Procedure Act and could not be extended by USCIS through policy guidance.
Fortunately, most individuals facing job loss already have several options to remain in the United States while continuing their job search past 60 days, the USCIS wrote.
It said it recognizes the contributions made to the United States by talented foreign-born workers, including in the STEM (science, technology, engineering and mathematics) fields.
“We will proceed to observe the expertise sector layoffs and discover applicable measures,” Mr. Jaddou said.
In a statement, FIIDS director for policy and analysis strategy Khanderao Kand said departing the U.S. after layoffs has an immediate impact on the families of the laid-off H1B and their school-going children.
“Losing these professionals can be a mind drain impacting the longer term competitiveness of the U.S. in rising applied sciences. Hence, FIIDS has launched a multi-phase marketing campaign from consciousness constructing to collectively written letters to the USCIS with elected officers and different distinguished organizations,” the statement said.
FIIDS launched a media campaign in January to raise awareness about the issue. In February, it launched a petition which received support from various prominent organizations like the U.S.-India Strategic Partnership Forum, U.S.-India Business Council, American Jewish Committee, and The Indus Entrepreneurs seeking an extension of the grace period.
“We admire the USCIS for clearly offering choices for the laid-off H1Bs. These official communications will enhance the chance for the H1B holders to stay legally within the U.S. We will nonetheless work with the DHS to alter the grace interval,” Mr. Kand said.
House of Representatives members Zoe Lofgren and Anna Eshoo, in their letter to USCIS, termed the departure of STEM professionals from the US a national security threat.
Congressman Raja Krishnamoorthi said that if retained, these laid-off professionals can develop innovative products and potentially start new businesses and create new jobs while advancing research across critical industries.
Recently, Senator Chuck Schumer told an Indian American audience that the issue can be addressed with a procedure change.
The “White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders” underneath the Health and Human Services Department additionally really helpful an extension of the H-1B grace interval.
Source: www.thehindu.com
