Navigating Post-Termination Options for Nonimmigrant Workers: Understanding the Impact of USCIS Archiving Its Guidance
Introduction:
The recent decision by the U.S. Citizenship and Immigration Services (USCIS) to archive its guidance titled "Options for Nonimmigrant Workers Following Termination of Employment" has left many work visa holders uncertain about their next steps after job termination. While the underlying regulations remain unchanged, the removal of this guidance from active status means individuals must exercise caution and seek updated legal advice.
Understanding the Archived Guidance:
Previously, the USCIS guidance provided a roadmap for nonimmigrant workers facing employment termination, outlining options such as:
60-Day Grace Period: Allowing certain visa holders (e.g., H-1B, L-1, O-1) up to 60 days to take action to maintain lawful status.
Change of Status Applications: Transitioning to another nonimmigrant status, such as B-2 visitor status.
H-1B Portability: Permitting H-1B workers to commence employment with a new employer upon the filing of a nonfrivolous petition.
Adjustment of Status: For those eligible, applying for permanent residency.
Compelling Circumstances Employment Authorization Document (EAD): Available under specific conditions.
While these options are grounded in existing regulations, the archiving indicates that USCIS no longer endorses the previous summary as current policy.
Implications of the Archiving:
The archiving of this guidance suggests:
The information may be outdated due to policy or regulatory changes.
New guidance may have superseded the archived content.
There could be misalignment with current USCIS practices or adjudication standards.
As a result, relying solely on the archived guidance without consulting updated resources or legal counsel could lead to unintended consequences.
Recommended Actions for Nonimmigrant Workers:
Consult with an Immigration Attorney: Given the changes, professional legal advice is crucial to navigate your specific situation.
Act Within the Grace Period: If eligible, utilize the 60-day window to explore options like changing status or finding new employment.
Stay Informed: Regularly check the USCIS Policy Manual and other official resources for the latest information.
Conclusion:
The archiving of USCIS's guidance on post-termination options underscores the importance of staying informed and seeking professional advice. While the foundational regulations remain, the lack of active guidance necessitates a proactive approach to ensure compliance and maintain lawful status in the U.S.
Contact Us:
For personalized assistance and to explore your options, contact our experienced immigration attorneys today.
