Latest news with #EmploymentAuthorizationDocument
Hindustan Times
4 days ago
- Business
- Hindustan Times
Fired from your job? Here's what thousands of H-1B workers can do
The immigrant employee post-termination guide has been shifted to the digital archives of the United States Citizenship and Immigration Service (USCIS) which suggests that even though it may no longer be applicable in the same manner, it's still available to refer to those recently fired from their jobs. When a non-immigrant worker's employment ends, either by choice or force, they typically either become beneficiaries of a nonfrivolous petition to change employer or file an application for change of nonimmigrant status, adjustment of status, or a 'compelling circumstances' employment authorization document. ALSO READ| What is USCIS's new policy for green card applicants starting from 11 June? Here's a rundown One of these actions is required to be taken during the 60-day grace period extended to recently unemployed nonimmigrants and is usually calculated based on the last day a salary or wage is paid. Failure to take any action during this period can result in a person being forced to leave the country either once the period ends or on their authorization date, whichever option is closer. The grace period is usually provided to help beneficiaries look for suitable alternative employment or allow their spouses to continue their job roles if they carry an Employment Authorization Document or are employment-authorized incident to status. H-1B visa holders caught up in such a situation can start their new job role as soon as their employer files Form I-129, rather than waiting for it to be approved. However, those filing for jobs in different classifications need to wait for approval which takes less than 15 business days to come through. Those under the grace period are not permitted to leave the country. Failure to comply may require them to seek a new immigration status for re-entry. In the circumstance of a non-immigrant worker being outside the country at a time when the notice period has ended, the grace period is no longer applicable. If the person returns before the lapse of their notice period, a discretionary grace period may be provided. Students in the US on a 24-month Science, Technology, Engineering, and Mathematics (STEM) OPT cannot acquire more than 150 days of unemployment during this period, including the post-completion phase and 24-month extension. Those on an F-1 visa cannot acquire more than 90 days of unemployment during post-completion of OPT since their visa status is attached to their employment. ALSO READ| Demand for H1-B visa continues, USCIS receives over 3.5 lakh registrations in FY26 The 60-day grace period is only applicable to those holding E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents).
Miami Herald
09-04-2025
- Politics
- Miami Herald
Federal judge blocks termination of Venezuela TPS: What the ruling means for Venezuelans
A federal judge halted the Trump administration's efforts to end Temporary Protected Status for hundreds of thousands of Venezuelans, just days before they were scheduled to lose their right to remain and work legally in the U.S. Last month, U.S. District Judge Edward M. Chen in San Francisco issued a ruling blocking Homeland Security Secretary Kristi Noem's decision to revoke the work permits and deportation protections for approximately 350,000 Venezuelans. That means the Trump administration's decision in February to terminate TPS for Venezuelans is on hold, pending further hearings in the case. Had Chen not intervened, the TPS beneficiaries, many of them in South Florida, would have lost the right to remain in the U.S. on April 7. Chen's ruling stems from a lawsuit that seven Venezuelan nationals filed in San Francisco, where they argue that the Trump administration's decision is based on political motivations and racial bias. Along with the National TPS Alliance, the Venezuelans want the judge to reinstate an 18-month extension of TPS that the previous Homeland Security secretary, Alejandro Mayorkas, put in place days before President Donald Trump took office. Chen said Noem had acted on broad generalizations and stereotypes when she revoked the work permits and deportation protections of about thousands of Venezuelans. 'It is evident that the Secretary made sweeping negative generalizations about Venezuelan TPS beneficiaries,' the judge said in a 78-page order on March 31. 'Acting on the basis of a negative group stereotype and generalizing such stereotype to the entire group is the classic example of racism.' What does the ruling mean? The judge's ruling means that more than 600,000 Venezuelan TPS holders will keep their legal status and work authorization for the time being as the case develops in federal court, pending the final outcome of the case. The decision affects two groups of Venezuelans: Those who would have lost their TPS status in April and a second group of about 260,000 who stand to lose their status in September. If you have a work permit under TPS, what document proves your legal authorization to work? Venezuelans with an Employment Authorization Document that has expired can show an employer both the EAD and a copy of the January 17, 2025, Federal Register Notice extending Venezuela's TPS designation. This will confirm that the work authorization is extended until October 2026. What should you do if an employer still questions your work authorization? If your employer questions your eligibility to work, you can provide them with a letter from the UCLA Center for Immigration Law and Policy, one of the organizations providing counsel to the Venezuelans that sued the Trump administration. In the letter, the attorneys noted that it is illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship, immigration status, or national origin. It also explains that Venezuelans with Temporary Protected Status are allowed to work. Will the Department of Motor Vehicles and other agencies accept proof of legal status? Florida has resumed processing driver's licenses and state identification cards for eligible Venezuelan nationals after the federal court's decision. Do you need to re-register for TPS under the Jan. 17, 2025, extension? Yes, if you are one of the 350,000 Venezuelans who first registered for TPS under the 2023 Venezuela designation, you must re-register by Sept. 10, 2025, to maintain your TPS status until Oct. 2, 2026. The same applies to the 257,000 Venezuelans who registered in 2021; you also need to re-register by Sept. 10, 2025, to extend your TPS status until October 2, 2026. However, Venezuelan advocates recommend re-registering as soon as possible to avoid any potential disruptions in case an unfavorable ruling halts the registration process. Taking action early helps ensure continued protection amid the uncertainties of the TPS case and the immigration policies of the Trump administration. What happens if I don't re-register? If you don't re-register, your TPS will end Sept. 10, 2025, unless the Department of Homeland Security decides to extend the deadline. What if you entered the U.S. under the Cuban/Haitian/Nicaraguan/Venezuelan humanitarian parole program? Will your application to re-register for TPS be processed? U.S. Citizenship and Immigration Services has suspended processing TPS re-registration applications for individuals who entered the U.S. under humanitarian parole for Cuba, Haiti, and Nicaragua and Venezuela, known as CHNV. The Trump administration has moved to revoke the paroles of the half a million people who came to the United States legally through those programs. However, the termination of CHNV is being challenged in a separate lawsuit. Some Venezuelans with TPS entered the U.S. through the CNHV program. If you entered the U.S. under the CHNV program and have TPS under the 2023 Venezuela designation, you must still re-register by Sept. 10, 2025, although your application may not be processed while the court hold remains in effect. Can you travel outside the U.S. while under TPS? TPS holders can apply for travel authorization, which Homeland Security may grant. However, since Trump came into office some people have been detained while re-entering the United States, including TPS holders. It's crucial to consult with a immigration attorney before making any travel plans. Are Venezuelan TPS holders currently at risk of deportation? TPS holders should not be deported or detained by immigration authorities. Their TPS status shields them from removal. However, court documents revealed that in January ICE detained a Venezuelan man with TPS status residing in New York, who was set to be deported to El Salvador under the Alien Enemies Act in March, a wartime law invoked by the Trump administration. His deportation was halted after his attorney filed challenged it in federal court. Will the government appeal the district court's decision? The Justice Department asked Judge Chen to delay his ruling, but the judge rejected the Trump administration's request. While the administration did not explicitly state it in its motion, its aim appears to be seeking a review of Noem's revocation of TPS by the U.S. Supreme Court. If the Supreme Court ultimately upholds the secretary's order, Venezuelans with TPS in the U.S. would be stopped from continuing their lawsuit in San Francisco.
