University of Kwazulu-Natal

Options For Nonimmigrant Workers After Job Loss

Bonisiwe Shabane
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options for nonimmigrant workers after job loss

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. The information on this page is out of date. However, some of the content may still be useful, so we have archived the page. When nonimmigrant workers are laid off, they may not be aware of their options and, in some instances, may wrongly assume that they have no option but to leave the country within 60 days. When a nonimmigrant worker’s employment ends, either voluntarily or involuntarily, they typically may take one of the following actions, if eligible, to remain in a period of authorized stay in the United States: If one of these actions occurs within the up to 60-day grace period, the nonimmigrant’s period of authorized stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant...

If the worker takes no action within the grace period, they and their dependents may then need to depart the United States within 60 days, or when their authorized validity period ends, whichever is... Nonimmigrant status is typically based on an approved Form I-129, Petition for a Nonimmigrant Worker, or after admission, a subsequently approved Form I-539, Application to Extend/Change Nonimmigrant Status. A period of authorized stay typically includes the period when a timely filed nonfrivolous petition or application requesting an extension of stay or change of status is pending with USCIS, as described in detail... 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. 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. When nonimmigrant workers face employment termination, they often find themselves under significant stress, unsure of their options.

Many mistakenly believe they must leave the United States immediately. However, there are several pathways nonimmigrant workers can explore to maintain their authorized stay in the U.S., even after their employment ends. This guide aims to shed light on those options, ensuring nonimmigrant workers understand their rights and the necessary steps to remain legally in the country. Nonimmigrant workers classified under E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN (and their dependents) can utilize the so-called “maximum 60-day grace period.” This period begins the day after employment termination and allows... This grace period provides a crucial buffer, allowing them to take action to stay legally. Under this grace period, workers can timely file:

Eligible H-1B nonimmigrants can immediately start working with a new employer once the USCIS receives the new H-1B petition, maintaining their H-1B status during this grace period. Before regulatory changes in 2016, nonimmigrant workers had no grace period following employment termination. This up-to-60-day grace period allows them to maintain their nonimmigrant status or change their status while continuing their job search within the United States. 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...

As Artificial Intelligence becomes increasingly embedded in work, concerns are growing about worker displacement. In mid-2025, the Ford CEO predicted AI would halve the number of white collar jobs. Anthropic has emphasized the uncertainty of AI impacts and the need to identify policy tools that can address a range of scenarios. History shows automation can both destroy and create jobs—as mechanization transformed agriculture, farm roles disappeared even as new industrial work emerged. But the scale and speed of AI’s impact remain uncertain, making it vital to consider how to mitigate disruptions on impacted workers. The Bipartisan Policy Center previously explored how policymakers can strengthen Unemployment Insurance (UI), which provides temporary income support for workers who lose their job through no fault of their own.

Displaced worker programs play a complementary role—actively retraining workers who have been displaced by large-scale changes to an industry or region to prepare them for their next job and, in some cases, providing income... This explainer looks into: The terms “dislocated” and “displaced” worker are often used interchangeably. Common elements of definitions include: Crucially, displaced workers may have trouble finding comparable jobs quickly, motivating retraining or income support. In this way, displaced worker programs complement UI, which provides short-term income support—generally up to around 26 weeks—for workers who can find similar jobs relatively quickly.

Displaced worker programs provide extended resources to retrain and transition into new industries, with support sometimes lasting years. AI’s potential to disrupt industries, such as computer programming or legal services, raises questions about whether current programs, which don’t explicitly consider automation-driven displacement, would adequately serve those most at risk. 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

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