Navigating Us Visa Status After Job Loss A Comprehensive Guide

Bonisiwe Shabane

-Oct 31, 2025, 6:37 AM

navigating us visa status after job loss a comprehensive guide

Overseas workers in the United States on a nonimmigrant work visa are in a precarious situation. One such challenge is the potential loss of their immigration status following job termination. In this comprehensive guide, we will explore the options available to these workers, particularly those from India who seem to be most affected by recent layoffs. The American dream has always been a beacon for skilled professionals around the world. However, stlegal presence in the US can be fraught with obstacles. One of the most significant challenges arises when an individual loses their job while on a nonimmigrant work visa.

I usually tie nonimmigrant work visas to specific employers. The H1B visa, for instance, allows foreign workers to live and work in the US, but it is contingent on continued employment with the sponsoring employer. Therefore, if the employment relationship ends, the worker may have to leave the country. In general, if a worker on a nonimmigrant visa loses their job, they are given a 60-day discretionary grace period. This period applies to workers in E1, E2, E3, H1B, H1B1, L1, O1, and TN classifications, and their dependents. This grace period provides a brief window for the worker to maintain their nonimmigrant status while they explore other options.

During this time, the worker can seek new employment and have the new employer file a petition on their behalf with an extension of stay request. Alternatively, the worker can file an application to change their nonimmigrant status, such as switching to a B-2 visitor visa or applying for adjustment of status if eligible. However, if the worker is unable to file a change of status application or find a new employer who timely files a petition for them, they may have to to leave the US at... 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. Getting laid off can be stressful and scary for anyone involved, but especially for visa holders whose very immigration status depends on their employer. If you lose your job while on a work visa, don’t panic.

We’ve put together this guide so you can feel empowered about maintaining your immigration status and exploring all available options. Here’s some important information to keep in mind and next steps to take: If you lose your job while on an H-1B visa, you are considered immediately “out of status” in the United States. This is because the H-1B visa category requires the visa holder to be actively employed in order to maintain lawful status. This same rule applies to most work visas in the U.S., including visas in the L, O, H, and TN categories. When an employer lays off an employee, the employer is generally required to file a withdrawal of the original work visa petition with U.S.

Citizenship and Immigration Services (USCIS), which will alert government officials that the visa holder is now out of status. Although in this instance you are considered out of status, it doesn’t necessarily mean you will need to immediately leave the U.S. or that you risk deportation right away. If sponsored employment is lost, such as being laid off, there is generally a 60-day grace period for work visa holders to find a new job before they have to leave the country. There tends to be confusion around when the 60-day grace period starts. According to USCIS guidelines, the 60 day window is typically counted from the last day you performed actual work, rather than the last time you were paid.

Most immigrant workers who are laid off choose to remain in the U.S. during this 60-day window (or until their I-94 expiration date, whichever comes first) while they seek other employment. In addition to the 60-day grace period, USCIS takes into account a visa holder’s I-94 expiration date when determining lawful versus unlawful presence. If your I-94 expires before the end of the 60-day grace period, you must follow the date on your I-94 instead of the 60-day period. 1. Understand the 60-Day Grace PeriodThe 60-day grace period for H-1B visa holders begins on the last day worked, not the final day of severance pay.

USCIS does not consider paid, non-working time as maintaining valid H-1B status. 2. Take Action by Day 45 if PossibleTo maintain lawful status, a new employer must file an H-1B transfer petition within the grace period. Because obtaining a Labor Condition Application (LCA) from the Department of Labor can take at least seven days, it’s essential to initiate the transfer process by Day 45. If new employment is not secured by then, consider filing for a Change of Status to B-2 (tourist visa) to remain legally in the U.S. while wrapping up personal matters or continuing your job search.

3. EB-5 Investment as an OptionIf financially feasible, the EB-5 Investor Visa offers a path forward. An investment of $800,000 allows concurrent filing for Adjustment of Status. Within 6–8 months, you may obtain a work permit not tied to a specific employer, and green cards for you and qualifying family members may be granted within 24–36 months. Pursuing studies under an F-1 visa may be a viable option. However, be cautious with “Day One CPT” programs, as USCIS has previously targeted fraudulent CPT setups—including establishing fake universities to catch violators.

Always ensure the legitimacy of the educational institution. The I-140 petition is a critical step for foreign nationals seeking permanent residency in the United States through employment. It involves the employer sponsoring the individual by filing an Immigrant Petition for Alien Worker with the United States Citizenship and Immigration Services (USCIS). But what happens if you lose your job before the process is complete? If you find yourself in the unfortunate situation where you’re no longer holding the job on which your I-140 petition is based, it’s essential to understand the impact this may have on your immigration... Maintaining US work visa status requires careful planning, especially after job loss.

Here are a few strategies to consider: Navigating job loss and maintaining legal status is a complex process and missteps can jeopardize your chances of staying in the US. Here are some issues to avoid: If your I-140 has been approved, look for a new employer who can either file a new I-140 petition for you or support your existing petition. Even if you are awaiting approval, having a prospective employer ready to support your application can be beneficial. Losing your job can be a challenging experience, but when your immigration status in the U.S.

depends on your employment, it introduces an entirely new level of stress. Questions like, “How long can I stay?” and “What are my options?” start coming to mind. At Glinsmann Immigration, we understand these concerns and are here to help you understand this challenging situation. Since 1995, we’ve been assisting individuals and families with immigration matters, utilizing care and compassion to support you as you take the next steps. Whether you’re on an H-1B, L-1, or another type of work visa, this guide will walk you through your options and explain how to protect your immigration status after a job loss. Most work visas, such as H-1B, L-1, O-1, and TN, are tied to your employer.

When your employment ends, your visa status usually ends with it. In immigration terms, this is known as being “out of status.” Each visa type has its own conditions, so it’s crucial to understand the specifics of your situation. For example: It’s vital to check your visa documentation or consult with an immigration attorney to understand your immediate next steps. Facing a layoff is a challenging experience, and for those in the United States on a work visa, it can bring additional stress and uncertainty about your immigration status.

Whether you’re on an H-1B visa or another type of employment-based visa, it’s essential to understand your options and take swift action to protect your status and future in the U.S. This guide will walk you through the critical steps you should consider if you’ve just been laid off and need to change your immigration status. The first thing to understand after a layoff is the grace period attached to your visa. For many on an H-1B visa, there is a 60-day grace period during which you can stay in the U.S. without being employed. This period allows you to find new employment, change your visa status, or make arrangements to leave the country.

It is important to note that this grace period starts as soon as your employment ends. If you’re on a different visa type, the grace period might vary, so it is crucial to the specific terms of your visa. Note that if you have less than 60 days left on your I-94 admission period, the I-94 validity controls your actual grace period. During the grace period, exploring other visa options becomes a priority. If you can find a new job quickly, you may be able to transfer your H-1B or another employment-based visa to your new employer. The transfer process is often straightforward, provided that the new employer is willing to sponsor your visa and file the necessary paperwork.

Navigating Us Visa Status After Job Loss A Comprehensive Guide

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