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Press Release 3/27/2023
Washington DC: Since Oct 2022 over ~250,000+ have been laid off in the USA and this number is growing with companies like Meta and Amazon announcing another round of tens of thousands of layoffs. A large number of these professionals are tax-paying H1B immigrants( estimated 100,000), particularly from India, who need to leave the US if they cannot find another employer.
“When nonimmigrant workers are laid off, most individuals facing job loss already have several options in order to remain in the United States while continuing their job search past 60 days.”, said the USCIS Director Ur M. Jaddou in a written response to the Foundation for India and Indian Diaspora Studies USA (FIIDS) Feb 27th letter asking for a relief to laid off H1B professionals.
“A need to depart the US after layoffs has an immediate impact on the families of the laid off H1B and their school-going children. Losing these professionals is also a brain drain impacting future competitiveness of the US in the emerging technologies. Hence, FIIDS has launched a multi-phase campaign from awareness building to jointly written letters to the USCIS with elected officials and other prominent organizations.“, said FIIDS Policy Director , Khanderao Kand.
As a part of awareness and policy engagement, the FIIDS had launched a media campaign in Jan 2023 creating awareness about this issue as covered in tens of media both India and the US. Subsequently in February 2023, FIIDS also launched a Change petition that received ~2600 sign-ups in a week. Various prominent organizations like the US India Strategic Partnership Forum (USISPF), US India Business Council (USIBC), American Jewish Committee (AJC), and TIE (The Indus Entrepreneurs) of Los Angeles, South California, also supported FIIDS ask to extend the grace period.
The house of representatives, Zoe Lofgren and Anna Eshoo in their letter to USCIS called out that the departure of STEM professionals from the US is also a national security threat. Congressman Raja Krishnamoorti called out that if retained, these professionals can develop innovative products and potentially start new businesses and create new jobs while advancing research across critical industries.
Recently , Senator Chuck Schumer mentioned to the Indian American audience that this issue can be addressed with a procedure change. “White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI)” under the Health and Human Services (HHS) Department also issued a recommendation to increase the H1B grace period.
However, in the letter USCIS to FIIDS wrote that “Because the up to 60-day grace period is codified in DHS regulations at 8 CFR 214.1(l)(2), increasing that grace period would require a regulatory change in compliance with the Administrative Procedure Act (APA) to implement and could not be extended by USCIS through policy guidance.” However, the USCIS, provided options as, File an application for a change of nonimmigrant status like F1, B1/B2, H4 and mentioned that they can continue their job search while on B1 or other visas. The USCIS also listed filing for I-485 adjustment of status or application for employment documentation under compelling circumstances, if applicable. The USCIS also published all the options with FAQs on their website recently, subsequent to the FIIDS letter dated 27th Feb.
“ We appreciate the USCIS for clearly providing options for the laid off H1Bs. These official communications will improve the possibility for the H1B holders to remain legally in the US. We will still work with the DHS to change the grace period.” said Khanderao Kand.
After expressing understanding the impact on the STEM professionals and appreciating their contribution, the USCIS further asked FIIDS for help to ensure that this information reaches those affected by job loss.
As per USCIS letter and website available options are:
| When nonimmigrant 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. When a nonimmigrant worker’s employment is terminated, either voluntarily or involuntarily, they typically may take one of the following actions, if eligible, to remain in a period of authorized stay in the United States:
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 nonimmigrant 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 authorized validity period ends, whichever is shorter. |
USCIS letter to FIIDS is available at:
http://www.fiids-usa.org/wp-content/uploads/2023/03/USCIS-Signed-Response-FIIDS-Kand-3.27.23.pdf
