USCIS Guidelines: Options for Laid-Off H-1B Visa Holders to Stay in the US

Recent layoffs have impacted many H-1B visa holders in the US. These specialized worker visas allow foreign employees with specific skillsets to work for American companies. However, job loss can leave them with a crucial question: What are my options?

This article explores the possibility of transitioning to a B-1 or B-2 visitor visa as a temporary solution, based on guidelines from the US Citizenship and Immigration Services (USCIS).

Grace Period and Visa Options

H-1B visa holders receive a 60-day grace period after losing their job. During this time, you can legally stay in the US to either find a new H-1B employer or explore other visa options. One option is transitioning to a B-1/B-2 visitor visa, which can grant you an additional 6 months in the US.

Benefits of a B-1/B-2 Visa

Switching to a B-1 or B-2 visa provides a six-month extension, offering laid-off workers more time to find employment without the immediate pressure of returning to their home country.

Extended Stay: This additional time allows you to continue your job search for a new H-1B position without the immediate pressure of leaving the country.

Focus on Job Search: With a visitor visa, you can attend job interviews and network with potential employers, all while legally residing in the US.

Reapplying for an H-1B Visa

For those who secure new employment while on a B-1 or B-2 visa, the process of returning to an H-1B visa can be streamlined.

According to the USCIS, if an employer files a Form I-129 petition with a request for premium processing service, the pending I-539 change of status application (to B-1 or B-2) will typically be processed concurrently with the I-129 petition.

This concurrent processing ensures that there is no delay in adjudicating the I-129 petition due to the pending I-539 application. Upon approval, the individual can begin working under the new H-1B status without needing to leave the United States.

Important Considerations

No Work Authorization: While on a B-1/B-2 visa, you are prohibited from working. You can, however, continue your job search activities like attending interviews.

Maintaining Status: Ensure you comply with all B-1/B-2 visa requirements and avoid activities that might jeopardize your status.

Transitioning Back to H-1B Status

The good news is that transitioning back to H-1B status is possible if you find a new sponsoring employer.

The USCIS website clarifies that a pending B-1/B-2 application won’t delay the processing of a new H-1B petition filed by your future employer, especially if they opt for premium processing.

Seeking Legal Advice

While this article provides a general overview, immigration laws can be complex. It’s always advisable to consult with an immigration attorney to discuss your specific situation and explore the most suitable course of action.