By Federale
12/19/2022
One of the benefits of Elon Musk’s mass firings at Twitter and the general downsizing in social media companies was that Facebook is firing more than Twitter with none of the publicity. The good news was that lots of H-1Bs were going to go home. Even experts at VDare were fooled: Bonus to Musk’s Buying Twitter: Fired H-1B Employees Might Be Deported, by Eugene Grant, VDare, November 9, 2022.
Now, none were ever going to be deported, which is a specific legal action taken by the Department of Homeland Security (DHS). The DHS component that deports aliens, U.S. Immigration and Customs Enforcement (ICE) Enforcement And Removal Operations (ERO), will take no action, as the Biden Regime had long ago ordered the end of deportations of anyone except the worst criminals. What was supposed to happen was that H-1Bs and L-1s, as well as illegally employed H-4s, were supposed to do the old Mitt Romney, self-deport.
It was anticipated that those categories of aliens would leave voluntarily in order to not accrue unlawful presence, allowing them to return home, then attempt to find another employer under a Non-Immigrant Visa (NIV) or preserve any future application for an Immigrant Visa (IV).
But that was not to be. The Biden Regime has announced that aliens who have been terminated from employment have basically an unlimited amount of time to acquire another position or switch to an NIV, such as a student visa (F-1) that will preserve lawful presence until the alien can find another employer. Which is itself fraudulent, as H-4 and F-1 NIVs have specific legal purposes, not to avoid unlawful presence, not to mark time in the United States until something better comes around. That means if an alien is fired from an H-1B, enrolling in a college or university and obtaining adjustment of status to F-1 is not legal, as the alien’s intention is not to pursue a course of studies leading to a undergraduate or graduate degree, but instead has the intent to preserve legal status in the United States with the intent of finding another employer who will sponsor that alien for an H-1B NIV, the alien’s intent is not in congruence with his sworn intent on obtaining an F-1 NIV, to pursue a degree. Intent is very important in immigration law. And intending to mark time in the United States until another NIV or Lawful Permanent Residence (LPR) is obtained is not legal. Every NIV has a specific intent attached. And an F-1 NIV requires an unrelinquished residence abroad and the intent to return to that unrelinquished residence.
But the Biden Regime has announced an amnesty for fired H-1Bs and other employment-based NIV holders.
USCIS is providing info for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily.
— USCIS (@USCIS) December 19, 2022
These workers may have several options for remaining in the U.S. in a period of authorized stay based on existing rules and regulations: https://t.co/vGMW0XmDhD
The Biden Regime Administrative Amnesty For Fired H-1Bs
U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.
Below is a compilation of options that may be available to nonimmigrant workers seeking to remain in the United States in a period of authorized stay following termination. Please note that not all options below provide employment authorization.
60-Day Grace Period
Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B,
H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter (See 8 CFR 214.1(l)(2)).During this period, workers may be able to maintain their nonimmigrant status if a new employer timely files a petition on their behalf with an extension of stay request (e.g., an H-1B change of employer petition for a worker in H-1B status).
Alternatively, workers may be able to remain in the United States in a period of authorized stay if they timely file an application to change to a new nonimmigrant status (such as B-2 visitor nonimmigrant status) or an application for adjustment of status, if eligible (see below for a detailed overview of options).
Workers who are unable to timely file a change of status application, or find a new employer who timely files a change of employer petition for the worker, may be required to depart the United States at the end of this grace period.
[Options for Nonimmigrant Workers Following Termination of Employment, unattributed, U.S. Citizenship and Immigration Services, December 19, 2022]
Ostensibly all applications must be non-frivolous, but no mention is made of intent, an important part of immigration law with regard to NIV applicants and holders. In reality though, USCIS will be rubber-stamping frivolous applications, not only for H-1B job shops, most of which applicants are illegally employed as part-time labor and occasional labor, only actually employed on specific contracts for other companies, and unpaid if no contract is current. All those employers are also usually illegally dependent on H-1B holders, discriminating against LPRs and American citizens.
Sadly, the Twitter massacre and the general shedding of jobs in social media will not have a benefit for American workers, thanks to the generosity of the Biden Regime Administrative Amnesty.
This is a content archive of VDARE.com, which Letitia James forced off of the Internet using lawfare.