Possible Options For Nonimmigrant Workers Following Termination Of

Bonisiwe Shabane

-Oct 31, 2025, 1:46 AM

possible options for nonimmigrant workers following termination of

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 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. 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). 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... U.S.

Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These 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... 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.

Possible Options For Nonimmigrant Workers Following Termination Of

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