University of Kwazulu-Natal

Options For Nonimmigrant Workers Following Termination Of Employment

Bonisiwe Shabane
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options for nonimmigrant workers following termination of employment

The information on this page is out of date.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... 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. 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.

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 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. Please note that not all options below provide employment authorization. Immigration 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... 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... However, workers who are unable to timely file a change of status application, or find a new employer who timely files a change of employer petition for the worker, may be required to depart... 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.

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). Nonimmigrant workers may have several options for remaining in the United States following termination of employment. Some options are a 60-Day Grace Period, Portability to a New Employer, Change of Status, and Adjustment of Status, among others. Workers (and dependents) in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications have 60 consecutive calendar days after the end of the authorized validity period, to remain legally in the United States. During this period, individuals can maintain their nonimmigrant status by applying to change to a new nonimmigrant status (such as B-2 visitor status or F-1 student status).

If workers are unable to maintain their current status, timely file a change of status application, or adjustment of status, may be required to depart the United States at the end of their grace... Workers under H-1B status are allowed to begin working for a new employer as soon as the employer properly files a new H-1B petition with USCIS, without waiting for the petition to be approved. Additionally, some workers with an adjustment of status application (Form I-485) pending for at least 180 days can “port” (transfer) the immigrant visa petition to a new offer of employment in the same or...

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