Wrong to assume sacked H-1B staffers have to leave America within 60 days: USCIS director

The federal agency for immigration services said it is wrong to assume that sacked workers holding the H-1B visas have to leave the country within 60 days. The remarks came amid mass layoffs in the tech sector and the agency also asserted that they have multiple options to stay in the US. 

In a letter to the Foundation for India and Indian Diaspora Studies (FIIDS), USCIS Director Ur M Jaddou said: “When non-immigrant 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.”

FIIDS recently wrote to USCIS about the impacts of recent technology sector layoffs. The group also sought an increase to the up to 60-day grace period. 

For the unversed, the H-1B visa allows US employers to employ foreign workers in speciality occupations. A speciality occupation requires the application of specialised knowledge and a bachelor’s degree or the equivalent of work experience. FIIDS has been working for laid-off H-1B visa holders. 

The USCIS addressed a letter to the FIIDS director for policy and analysis strategy Khanderao Kand and said it acknowledges the financial and emotional impact that job loss can have on employment-based non-immigrant workers and their families in the US. 

“We are aware of the issue of involuntary terminations, especially in the technology sector,” Kand said. 

Indians were among thousands of highly skilled foreign-born workers in the US, who have lost their jobs due to the series of recent layoffs at big tech companies. 

According to The Washington Post, nearly 200,000 IT workers have been laid off since November last year.

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