US issues fresh guidelines for H-1B visa holders who have been laid off

• File for a change of nonimmigrant status
• File an adjustment of status application
• File an application for “compelling circumstances” under which workers may qualify for a one-year Employment Authorisation Document (EAD).
• File an application to become beneficiary of a nonfrivolous petition to change employer

Failure to take action within the grace period may require leaving the country. 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 notification said.

Nonimmigrant status is typically based on an approved Form I-129, Petition for a Nonimmigrant Worker, or after admission, a subsequently approved Form I-539, Application to Extend/Change Nonimmigrant Status.

A period of authorised stay typically includes the period when a timely filed nonfrivolous petition or application requesting an extension of stay or change of status is pending with USCIS, as described in detail below.

The USCIS, in January, had announced changes to the H-1B visa registration process for 2025 to enhance integrity and reduce fraud, requiring employers to provide beneficiary passport information upfront.

This rule aims to ensure fairness in beneficiary selection and will be effective from the FY 2025 registration period. USCIS Director Ur M Jaddou stated that these changes aim to improve integrity and streamline application processes. Registration for the 2025 H-1B visa opens on March 6, 2024, and closes on March 22, 2024.