12 Tips For H1B Visa Workers Facing End Of Their USCIS Grace Period

Recently Director Ur M Jaddou, of the United States Citizenship and Immigration Services (USCIS) responded to a letter from the Foundation for Indian Diaspora Studies (FIIDS) that expressed concerns about Indian nationals in the U.S. who were required to leave the United States within 60 days of being laid off from their H1B visa jobs in that country. Jaddou listed four typical options for such individuals: 1) an application for a change of non-immigrant status, 2) an application for adjustment of status, 3) an application for a ‘compelling circumstances’ employment authorization document or. 4) filing a non-frivolous petition to change employers.

USCIS Cannot Extend 60-Day Grace Period

In her letter to FIIDS, Jaddou also acknowledged that such layoffs were admittedly traumatic in terms of their economic and emotional impact on Indian workers and their families. She said, however, that the maximum 60-day grace period cannot easily be extended by the USCIS through policy guidance. That is because it is codified in Homeland Security regulations and an extension would require compliance with the Administrative Procedure Act including its required notice periods for any changes.

Given this limit on what can be done, let us consider what alternative options are available to such Indian nationals and others on H1B visas who have been or might be laid off.

Alternative U.S. Options For Laid-Off H1B Workers

1. Transition Over To Another H-1B Employer

If the worker got an H1B visa through the lottery, transitioning to another employer is a viable option since the worker will not face a cap on the new job offer. If the worker got an H1B visa as a cap-exempt worker, this option is still available if the individual will work for another cap-exempt higher education institution, a non-profit organization affiliated with such an institution, or certain non-profit research organizations that are exempt from the 65,000 visa cap and lottery.

2. Change Status To Visitor

An H1B work visa holder in the United States can apply to change his status to a B-1/B-2 visitor visa in the U.S. The application to change their status must be filed before the H1B status expires. However, they must have a valid reason for the visit and sufficient funds to support themselves during their stay. Examples of possible bona fide reasons would be the need for medical treatment that is not available back home, permission to attend an important business meeting or conference, a family emergency such as the illness or death of a family member, or to attend an academic program such as a language course or workshop. Finally they must provide evidence that they do not intend to work and will leave at the end of their period of authorized stay should it be granted.

3. Apply for an EB-5 Visa or an EB-2 National Interest Waiver

EB-5 visas are available to people with different statuses in the United States. With a B, F, E, J, or H visa, the investor invests $800,000 in a so-called her EB-5 project in a regional center project. This allows applicants to apply to adjust their status inside the U.S. to permanent residence and obtain a work permit as part of the process. Similarly, an individual who has a master’s or bachelor’s degree and five years of progressive experience in a field and wants to develop a business is eligible for a green card under the EB-2 National Interest Waiver. Such applications are eligible for premium processing and include the right to apply for a work permit.

4. Apply for L-1 Visa As A Multinational Manager/Executive Or Specialized Knowledge Worker

The L-1 Multinational Worker visa allows managers, executives, and specialist workers of multinational companies with affiliated offices outside the United States to enter the United States if they have worked abroad for at least one of the past three years. This visa is useful for H1B workers who may have worked abroad for a U.S. affiliated company and now can get work in the U.S. entity.

5. Start An E-1 Or E-2 Business

These E-1 and E-2 work visas allow individuals from countries with which the United States has a trade and investment agreement to do business or to establish or acquire a commercial enterprise that benefits the U.S. economy and creates U.S. jobs.

6. Apply For An O-1 Work Visa

O-1 visas are for individuals who demonstrate exceptional ability in the arts, sciences, education, business, or sport. To be eligible for an O-1 visa, you must demonstrate sustained national or international recognition and recognition for your achievements in your field.

7. Seek A J-1 Visa

A J-1 visa is a cultural exchange visa that allows individuals to come to the United States for educational and cultural exchange programs. This visa is intended to promote mutual understanding between the United States and other countries through educational and cultural exchanges. J-1 visas are available to students, teachers, academics, researchers and other professionals.

8. Use Your Spouse’s Work Status To Get A Work Permit

If the lead immigrant cannot find a valid visa, it may be helpful to consider the spouse as the lead applicant instead. Spouses of L-1, E-1, E-2, and J-1 visa holders and spouses of H-1B visa holders with an approved I-140 can apply for a work permit.

9. Marry An American.

An H1B visa holder who is sponsored by an American citizen or permanent resident is eligible to remain in the U.S. while adjusting their status. Such an indiviudal can apply for and can be granted employment authorization and a travel document while waiting.

10. Canadian, Mexican, Chilean, Australian, and Singaporean Options

The United States has created special work visas for citizens of these countries through certain trade agreements. The USMCA Trade Agreement makes the TN work visa available to professionals who are citizens of Canada and Mexico. The E-3 visa is advantageous for Australian citizens. H-1B1 is restricted to citizens of Chile and Singapore. Different conventions create different requirements and benefits. In some cases, this kind of work visa may be more suitable than an H-1B visa.

11. Apply For An H-3 visa

The H-3 visa is a temporary visa for people coming to the United States to attend educational programs that are not available in their home country.

12. Become A Probationary Entrepreneur

Entrepreneur Parole is a temporary visa option to allow entrepreneurs the opportunity to set up businesses in the United States and create jobs for U.S. workers. To be eligible for entrepreneurial parole, you must have a strong interest in a startup with rapid growth and job creation potential and play a significant role in the startup’s operations.

Still Other Options

In addition to these options, some alternatives could be taken in Canada. The Federal Skilled Worker Program, the Global Talent Stream, the C10 Significant Benefit program, an Inter-Corporate Transfer, and the Self-Employed program all come to mind. All such options in the U.S. or in Canada should be explored with immigration counsel to see which might best suit a given employee.