University of Kwazulu-Natal

Options For Nonimmigrant Workers After Job Loss Legalclarity

Bonisiwe Shabane
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options for nonimmigrant workers after job loss legalclarity

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. 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... Home » Blog » Explore Your Options After Job Loss

Nonimmigrant workers who have been laid off, either voluntarily or involuntarily, may be eligible to extend their stay in the United States so long as they maintain their nonimmigrant status and take appropriate measures. Below is a comprehensive list of choices for non-immigrant workers who desire to stay in the United States after job loss. Even though not all these options will provide work authorization, each could be incredibly advantageous for those looking to remain within America during an approved period of time. Immigration guidelines offer a generous 60-day grace period to foreign nationals currently employed in the United States under E-1 (Treaty Trader), E-2 (Treaty Investor), E-3 (Specialty Occupation Professional from Australia), H-1B (Specialty Occupation Professional),... This grace period may be used to secure an extension of stay through a timely filed change of employer petition, or alternatively, allow for the individual to change to a different nonimmigrant status by... Lost your job after I-140 approval?

Understand your options to maintain status and continue your green card path. An approved I-140 petition represents a significant milestone in the employment-based green card process, establishing an individual’s eligibility for an immigrant visa. Job loss after this approval can introduce uncertainty. This article explores how an approved I-140 is affected by job loss, steps to maintain immigration status, and provisions for continuing the green card process. An approved I-140 petition generally remains valid even if the sponsoring employer withdraws it or the beneficiary loses their job. This petition establishes the beneficiary’s qualifications for an immigrant visa, and its approval is for the individual, not solely tied to the employer.

A significant benefit of an approved I-140 is the retention of the priority date. The priority date, which is essentially one’s place in line for a green card, is established once the I-140 is approved. This date can be retained for future employment-based petitions, even if a new employer is involved, provided the I-140 was not revoked due to fraud or misrepresentation. If the I-140 has been approved for 180 days or more, its validity and the priority date are retained, even if the employer withdraws the petition. While an approved I-140 offers long-term benefits, job loss directly impacts an individual’s non-immigrant status, such as an H-1B visa. Maintaining lawful presence in the United States is a separate and immediate concern.

Many non-immigrant classifications, including H-1B, provide a grace period following cessation of employment. Discover the crucial pathways available to nonimmigrant workers when facing the unexpected challenge of job loss. Explore the options that can help navigate this transitional phase with confidence and ease. Nonimmigrant worker job loss can be challenging. Taking advantage of the available resources and legal avenues can lead to a smoother transition. U.S.

Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers who face job loss, either voluntarily or involuntarily. These workers have options to stay legally in the United States based on existing rules and regulations. We’ve put together some great options for nonimmigrant workers who want to stay in the United States after employment. We’re confident we can help you find the perfect authorized stay solution. Please note that not all options below provide employment authorization. Workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) are allowed a discretionary grace period.

This period permits them to be considered as having maintained status following the cessation of employment. The grace period lasts for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter. To know more about the grace period, you can refer to 8 CFR 214.1(l)(2).

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