PALO ALTO, C.A. – Today, U.S. Rep. Anna G. Eshoo (D-CA-16) led her Silicon Valley colleagues in writing to U.S. Citizenship and Immigration Services (USCIS) Director Ur Jaddou to inquire about the agency’s efforts to ensure high-skilled immigrants can remain in the U.S. after losing their jobs, and thus their employment-based visas, in the ongoing wave of tech sector layoffs. The letter was signed by Rep. Zoe Lofgren (D-CA-18), former Chair of the House Subcommittee on Immigration and Citizenship, as well as Reps. Ro Khanna (D-CA-17), Jimmy Panetta (D-CA-19), and Kevin Mullin (D-CA-15).

“This group of immigrants possesses skills that are highly valuable in today’s knowledge-based economy and forcing them to leave the U.S. is harmful to our nation’s long-term economic competitiveness,” wrote the Members. “This issue is of great importance to our constituents because layoffs in the tech sector have accelerated in recent months. The number of tech jobs lost since the beginning of 2023 has already surpassed the total number of layoffs in 2022.”

The letter requests that USCIS release data detailing the impact of the layoffs on affected immigrants; inquires about whether USCIS has issued guidance to adjudicators in response to the layoffs; and urges USCIS to extend the 60-day grace period for laid-off H-1B holders to secure a new job before losing their legal status.

This letter follows up on a letter Reps. Eshoo and Lofgren sent on December 22^nd urging USCIS to extend the H-1B grace period from 60 to 120 days.

A PDF of the letter can be found HERE and the text of the letter is below:

Dear Director Jaddou,

As Members of Congress representing Silicon Valley, we write to inquire about the efforts of U.S. Citizenship and Immigration Services (USCIS) to ensure high-skilled immigrants can remain in the U.S. after losing their jobs, and thus their employment-based visas, in the ongoing wave of tech-sector layoffs. This group of immigrants possesses skills that are highly valuable in today’s knowledge-based economy and forcing them to leave the U.S. is harmful to our nation’s long-term economic competitiveness.

This issue is of great importance to our constituents because layoffs in the tech sector have accelerated in recent months. The number of tech jobs lost since the beginning of 2023 has already surpassed the total number of layoffs in 2022. With the collapse of Silicon Valley Bank causing further disruptions in the tech sector, we fear this trend will continue.

Some of us wrote to you about this issue on December 22^nd to urge USCIS to extend the grace period for laid-off H-1B holders from 60 to 120 days. In your January 25^th response, you stated that extending the grace period would require a lengthy rulemaking process that would take too long to benefit immigrants who are currently at risk of losing their legal status. While we understand that such a change may take time, we nonetheless urge USCIS to pursue an extension of the grace period, either as a standalone regulatory change or as part of a broader effort to reform the H-1B program. We believe extending the grace period will strengthen our country’s ability to retain immigrant talent in the future.

In your letter you also highlighted a fact sheet, initially published by USCIS on December 19^th and updated regularly thereafter, which lists options for laid-off H-1B holders. The fact sheet recommends that individuals who are unable to find a new employer to sponsor their H-1B visa should apply for other nonimmigrant visas, including B-1/B-2 visitor visas, H-4 dependent spouse visas, and F-1 student visas. While we’re grateful to USCIS for publishing this fact sheet, we’re concerned that individuals are still struggling to maintain legal status after losing their jobs due to layoffs.

To better understand the actions USCIS has taken to respond to recent layoffs, we respectfully request that you provide answers to the following questions by May 5, 2023. Your answers will inform our legislative efforts to ensure laid-off H-1B holders can remain in the U.S. and continue contributing their talents to our country.

1. Over the past six months, approximately how many H-1B visa holders have successfully maintained legal status after losing their jobs and how many have departed the country or accrued unlawful presence? We ask that you share any relevant data with us so we can better understand the impact of the layoffs. 

2. What are the approval and denial rates, broken down by visa category, for newly unemployed H-1B holders who have applied for the nonimmigrant visas listed in the December 19^th USCIS fact sheet? Considering unemployed H-1B holders only have a limited 60-day window to secure a new visa, we request that you release this data publicly so these individuals can make informed decisions about which visas to apply for.

3. Approximately how long does it take for USCIS to process visa applications submitted by newly unemployed H-1B holders? While individuals are legally allowed to remain in the U.S. as their visa applications are pending, we’re concerned about the potential consequences of processing times that exceed the 60-day grace period. In such cases, immigrants will be required to depart the country immediately if their visa applications are denied. This situation not only causes significant distress for the affected individuals but could also result in them accruing unlawful presence if it takes an extended period of time to get their affairs in order before departing the country. This could be held against them if they apply for a visa in the future.

4. What guidance, if any, has USCIS issued to adjudication officers in response to ongoing layoffs in the tech sector? We are specifically interested to know whether USCIS has instructed adjudicators to prioritize retaining immigrant talent when reviewing the visa applications of laid-off H-1B holders.

5. Are newly unemployed H-1B holders penalized when applying for B-1/B-2 visitor visas? Because B-1/B-2 visas are intended for short-term visits to the U.S., we’re concerned that adjudicators will deny visas to laid-off H-1B holders, many of whom have lived in the U.S. for years, on the grounds that these individuals do not have sufficient ties to their home countries to demonstrate that they intend to leave the U.S. once their visas expire.

Thank you in advance for your cooperation, and we look forward to receiving your timely responses to our questions.

Most gratefully,

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