Losing a job while working in the United States on a temporary visa can raise concerns about legal status. Certain foreign workers may remain in the country for as many as 60 days following the end of their employment, as permitted by federal law. This time may help eligible workers seek new jobs, change visa status or prepare to leave the country.
What the grace period allows
Eligibility for this relief may extend to individuals with TN, O-1, L-1, H-1B1, H-1B, E-3, E-2 or E-1 status. The period generally begins when employment ends. It remains valid for a maximum of 60 consecutive days, ending sooner if its approved expiration date falls within that time. Immigration officials may shorten or deny this discretionary period.
The grace period does not itself permit new employment. However, certain H-1B workers may begin working after a new employer properly files a qualifying petition under portability rules.
Planning the next steps
Workers should review their options soon after losing employment. Available choices depend on their visa category, work history and remaining authorized stay.
Possible steps include:
- Exploring other job opportunities: Seeking a company willing to file a qualifying petition.
- Filing a petition: Most employer-tied nonimmigrant classifications require a sponsoring employer to file a petition, though certain self-petitioned immigrant categories and investor classifications provide exceptions.
- Changing visa status: Applying for another eligible classification, such as student or dependent status.
- Planning departure: Preparing to leave if no lawful option is available.
These options may help workers manage their situation. However, filing an application does not guarantee approval or permission to work.
Protecting immigration status
Workers must understand the difference between lawful immigration status and an authorized period of stay. A timely filed, qualifying petition or application may allow a worker to remain while U.S. Citizenship and Immigration Services reviews the request. A pending application places the worker in an authorized period of stay that tolls unlawful presence, but it does not maintain or confer lawful nonimmigrant status while adjudication is pending.
Remaining beyond the grace period without another lawful basis may create immigration problems. Unlawful presence does not always begin when employment ends or the grace period expires. Under federal law, certain workers who accrue more than 180 days of unlawful presence and then depart may face a three-year reentry bar. One year or more may lead to a ten-year bar, subject to legal exceptions. An immigration attorney can review deadlines, filing options and employment rules before the grace period ends.