Legal Options After Termination What To Know Now That Uscis Has

Bonisiwe Shabane

-Oct 31, 2025, 1:53 AM

legal options after termination what to know now that uscis has

When a nonimmigrant worker in the United States is terminated—whether voluntarily or involuntarily—it often triggers a race against time to maintain legal status. For several years, the USCIS webpage titled “Options for Nonimmigrant Workers Following Termination of Employment” served as a go-to reference for workers to be aware of their options and their ability to remain lawfully... However, USCIS has now archived that page, signaling that while some of the information may still be useful, it is no longer considered current or authoritative. The archived USCIS guidance outlined several key options for nonimmigrant workers following a termination of employment, including: These remain grounded in existing regulations and are not invalid simply because the page was archived. However, USCIS may no longer stand behind that summary as its current policy, and applicants should be cautious about relying on it without up-to-date legal guidance.

When USCIS archives a webpage, it is flagging that the information may be: While the content is still publicly available, it no longer reflects official, active guidance. Immigration decisions based on archived content may therefore be more vulnerable to changed adjudication standards. A slightly higher percentage of foreign-born individuals were unemployed in 2023 compared to 2022. The unemployment rate edged up from 3.4 percent to 3.6 percent. Regardless of the marginal increase, losing one’s job can cause immense anxiety and uncertainty, especially when it’s tied to your immigration status.

Understanding the legal options for staying in the US after a job loss is crucial for nonimmigrant workers. Doing so helps you maintain lawful status and pursue new opportunities based on existing immigration rules. However, many nonimmigrant workers mistakenly believe they must leave the US within 60 days of losing their jobs. Thus, here, we’ll explore what steps you can take, specifically the possible pathways to remain in an authorized stay period in the US after a layoff or termination of employment. Checking the maximum grace period of your visa type is crucial when losing your job. Foreign workers holding the following nonimmigrant visas and their dependents have a grace period of up to 60 days:

The 60-day grace period enables you to retain your immigration in the US and navigate options without the immediate need to leave the country. Likewise, it gives you an opportunity to request a change of status. Due to the current economic downturn and widespread layoffs, particularly in the IT sector, many H-1B workers and their families are finding themselves in a difficult situation. When an H-1B employee is laid off, they typically have only 60 days grace period to change an employer or switch to another status; otherwise, they and their family will have to leave the... This can be a stressful and uncertain time, especially for those who have established their lives in the U.S. over many years.

However, it’s important to know that there are several options available to remain in the U.S. legally — but action must be taken within the 60-day grace period. Eligible nonimmigrant workers can consider the following to maintain their authorized stay: Be the beneficiary of a nonfrivolous petition for a change of employer File for a change of nonimmigrant status to another eligible status Apply for an employment (e.g., EB-1A, EB-2 NIW category) or family-based adjustment of status

For nonimmigrant workers facing job loss, this guide explains how to navigate U.S. immigration rules to preserve legal status and plan your next steps. Losing a job while in the United States on a nonimmigrant work visa introduces a period of uncertainty, as your authorization to remain in the country is tied to your employment. Federal immigration regulations govern this scenario and provide a structured set of options. Navigating these rules requires timely action to maintain lawful status. Following the termination of employment, U.S.

Citizenship and Immigration Services (USCIS) may grant a discretionary grace period of up to 60 consecutive days. This period is not guaranteed but is a provision that applies to several nonimmigrant classifications, including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN workers, along with their dependents. The grace period begins on the day after your last day of employment. During these 60 days, you are not authorized to work but can legally remain in the U.S. to explore other options. The length of this grace period is the shorter of two dates: either 60 consecutive days or the expiration date listed on your Form I-94, Arrival/Departure Record.

For example, if your I-94 expires 30 days after your job ends, your grace period is only 30 days long. This window is a time to take action, such as finding a new employer or changing your visa status. You are generally eligible for this 60-day period once per authorized petition validity period. One of the most common paths is to find a new employer willing to sponsor you for the same type of visa. The new employer must file a petition on your behalf before your grace period expires. For H-1B visa holders, a “portability” provision allows you to begin working for the new company as soon as USCIS receives the new H-1B petition.

You do not have to wait for the final approval of the petition to start the new job. This memo is intended for general information purposes only, relating to the impact of a layoff or other termination on employment-based visa sponsorship from the foreign worker’s perspective. This memo does not address employment law, tax, or other implications and is not a substitute for individual legal advice. Impact of Termination on Employment-Based Nonimmigrant Status This memo only addresses concepts and considerations related to certain nonimmigrant visa classifications. Review our memo on the Impact of Termination on Employment-Based Green Card Process for more information in that regard.

Important note for individuals with pending I-485: individuals with a pending I-485 Adjustment of Status (“AOS”) application should NOT rely on the information below without seeking legal advice. A pending I-485 itself may allow the applicant to remain in a period of authorized stay in the U.S., and leaving the U.S. or pursuing certain options discussed below could jeopardize that application. If a foreign worker’s employment is terminated for any reason, they will generally lose their employment-based nonimmigrant status. For some types of visa sponsorship, such as H-1B, the employer has an obligation to notify the government of the H-1B worker’s termination and withdraw their nonimmigrant petition. The foreign national would still entitled be to any applicable grace period, even if their underlying status is withdrawn, but it is important to understand that allowance and take the necessary steps to remain...

or leave the country in a timely manner. The recent decision by the U.S. Citizenship and Immigration Services (USCIS) to archive its guidance titled "Options for Nonimmigrant Workers Following Termination of Employment" has left many work visa holders uncertain about their next steps after job termination. While the underlying regulations remain unchanged, the removal of this guidance from active status means individuals must exercise caution and seek updated legal advice. Previously, the USCIS guidance provided a roadmap for nonimmigrant workers facing employment termination, outlining options such as: 60-Day Grace Period: Allowing certain visa holders (e.g., H-1B, L-1, O-1) up to 60 days to take action to maintain lawful status.

Change of Status Applications: Transitioning to another nonimmigrant status, such as B-2 visitor status. H-1B Portability: Permitting H-1B workers to commence employment with a new employer upon the filing of a nonfrivolous petition. USCIS has recently provided information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. Such 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.

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... 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... 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... Access real-time intent data to measure your success and maximise engagement. Use advanced tools to take your marketing strategy to the next level. Measure the effectiveness of your content against peers.

Find out more about Lexology or get in touch by visiting our About page. On December 19, 2022, U.S. Citizenship and Immigration Services (USCIS) released information regarding nonimmigrant workers whose employment is terminated, either voluntarily or involuntarily. USCIS indicated that nonimmigrant workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations. This release gave a detailed summary of the possible options for nonimmigrant workers who were terminated from their employment. 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.

Legal Options After Termination What To Know Now That Uscis Has

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