The recent surge in layoffs has particularly impacted H-1B workers. Companies across various sectors are downsizing, and those on H-1B visas are facing not only the loss of what they often consider their “dream jobs” but also the risk of losing their visa status in the U.S. This guide seeks to provide essential information for H-1B workers affected by the new wave of layoffs.

1. Your Rights Upon Termination:

• Receive a written notice of termination.
• Obtain separation terms and conditions equivalent to those provided to U.S. workers.
• Have your H-1B employer pay for your return trip home, excluding family members' travel expenses.

2. Grace Period:

• A 60-day grace period allows you to remain legally in the U.S.
• This rule applies to E-1, E-2, E-3, H1B, H1B1, L-1, O-1, and TN statuses, including dependents.
• Utilize this time to find a new employer for H-1B sponsorship.

3. Revocation and Ineligibility:

• Employer withdrawal of the H-1B petition may render you ineligible for a change of employment.
• Act quickly within the 60-day grace period if revocation is imminent.

4. New Employment:

• Secure a new job and submit a Change of Employer petition within 60 days.
• Monitor your revoked H-1B status online using the petition case number.

5. Other Alternatives:

• Change to B-1 or F-1 (Student visa).
• Become an H-4 dependent if your spouse has an H-1B.
• Return home and continue job hunting, with possible re-entry in H-1B status.
• Use an approved EAD to work in the U.S. temporarily while finding a new job.

*Compelling Needs EAD - (c)(35) Category:

The (c)(35) category, or "Compelling Needs EAD," is a provision that has gained attention in light of USCIS's recent guidance, released on June 14, 2023. This guidance outlines eligibility for work authorization under extreme circumstances without affirming legal status.

The compelling needs EAD may apply in situations involving significant hardships and requires meticulous documentation of the "compelling need."

Proviso: Due to the complexity and specific eligibility criteria of the (c)(35) category, consulting competent immigration counsel is strongly recommended. Expert guidance can assist in navigating the application process according to USCIS's recent guidance and ensure compliance with the unique requirements.