The US Citizenship and Immigration Services (USCIS) recently announced a new option for US visa applicants who are facing job losses. Under this new option, applicants can apply for a visa even if they have been laid off or terminated from their job, as long as they can demonstrate that they have “compelling circumstances” that warrant their continued stay in the United States.
The term “compelling circumstances” is not defined in the USCIS regulations, but it is generally understood to refer to situations that would cause the applicant significant hardship if they were forced to return to their home country. Some examples of compelling circumstances include:
- The applicant has a spouse or child who is a US citizen or permanent resident.
- The applicant has a serious medical condition that can only be treated in the United States.
- The applicant has a job offer in the United States that they cannot accept if they are forced to return to their home country.
The new “compelling circumstances” option is a welcome relief for many Indians who are facing job losses. The Indian economy has been hit hard by the COVID-19 pandemic, and many Indian companies have been forced to lay off employees. This has left many Indians in a difficult situation, as they are not able to find new jobs in India and they are also not able to return to the United States if they have a US visa.
The new “compelling circumstances” option will allow these Indians to stay in the United States while they look for new jobs. This will give them more time to find a new job and it will also help them to avoid the financial hardship of being forced to return to India.
Here are some additional things to keep in mind about the new “compelling circumstances” option:
- The applicant must be able to demonstrate that they have compelling circumstances that warrant their continued stay in the United States.
- The applicant must submit supporting documentation to the USCIS to prove that they have compelling circumstances.
- The USCIS will review the applicant’s case and make a decision on whether to grant the visa.
If you are an Indian national who is facing job losses and you believe that you have compelling circumstances that warrant your continued stay in the United States, you should contact an immigration attorney to discuss your options.