H-1B Layoffs: Options for Maintaining Status and Work Authorization

Many H-1B holders may suddenly find themselves without a job, leaving them uncertain about how to retain their legal status and work authorization. This situation can be challenging, but there are viable options to consider.

1. Finding a New Employer (Best-Case Scenario)
The ideal solution is to secure a new employer as quickly as possible and submit a new H-1B petition. This allows for a smooth transition and immediate continuation of work authorization.

2. Extending Legal Stay with a B-2 Visa
If securing employment within the 60-day grace period proves difficult, transitioning to a B-2 visa can provide additional time to find a job while maintaining legal status. However, this option does not allow work authorization.

3. Retaining Work Authorization: Compelling Circumstances EAD
For those aiming to maintain work eligibility, the Compelling Circumstances Employment Authorization Document (EAD) may be an alternative.

USCIS Guidelines on Compelling Circumstances EAD

Introduced in January 2017 under the Obama administration, this provision was rarely used initially due to its limitations. However, the COVID-19 pandemic and other economic challenges have made it more relevant.

Who Qualifies for Compelling Circumstances EAD?

This provision applies to holders of E-3, H-1B, H-1B1, O-1, and L-1 visas who meet the following criteria:

• Must apply while their current status remains valid
• Must have an approved I-140 (green card petition)
• Must not have a pending I-485 (Adjustment of Status), and the priority date must not be current
• Must have no felony convictions or two or more misdemeanors
• Must complete biometrics requirements (applicant and dependents)

Who Benefits from This Provision?

The Compelling Circumstances EAD is designed for individuals facing extraordinary hardships such as:

• Severe illness or injury
• Employer disputes or layoffs
• Significant disruptions in employer operations
• Other major life hardships

Each case is evaluated individually, and COVID-19-related job losses may qualify.

Key Points to Consider:

• The Compelling Circumstances EAD is issued for one year and can be renewed annually.
• If your priority date is close to becoming current, you may still qualify for an extension.
• If you can demonstrate national interest contributions, certain requirements may be waived.
• However, this EAD does not grant a change of status—it does not allow direct adjustment to other visa categories or a green card within the U.S.

While limited, this provision can provide a legal bridge between H-1B job loss and securing new work authorization, either through a future H-1B approval or a consular immigrant visa process.

Day 1 CPT: An Alternative for H-1B Layoffs

Despite the Compelling Circumstances EAD, many H-1B holders may not qualify, particularly those:

• Who haven’t started their green card process
• Who were laid off shortly after their H-1B approval
• Who don’t want to risk delays in work authorization

For these individuals, Day 1 CPT offers an effective solution to maintain legal status and continue working.

What is Day 1 CPT?

Day 1 Curricular Practical Training (CPT) is a work authorization program under the F-1 student visa, allowing eligible students to work full-time immediately upon enrollment in a qualifying academic program.

How Does It Work?

• H-1B holders can change their status to F-1 by enrolling in a Day 1 CPT program.
• This transition allows immediate work authorization while continuing studies.
• When ready to return to H-1B, there is no need to enter the lottery again—you can apply for an H-1B transfer instead.

Need Help with Your Visa Status?

If you're navigating H-1B job loss and considering Day 1 CPT, CPTDog’s consultants can guide you through the process.

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