A nonimmigrant worker may lose employment 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.
60-Day Grace Period
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 employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter (See 8 CFR 214.1(l)(2)).
In other words, if the foreign worker is terminated on 1/1/24 and their I-94 expires on 1/15/24, then their grace period expires 1/15/24 (end of the currently authorized stay). If the foreign worker is terminated on 1/1/24 and their I-94 expires on 12/15/24, then their grace period expires 3/2/24 (60 days from 1/1/24).
If terminated with grace period availability, the worker may remain in the United States without working and will not beconsidered out of status. The worker can use this time to prepare to depart, find another employer that will file a petitionwithin the grace period, or change to another status.
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 employer petition for a worker in H-1B status).
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 nonimmigrant status) or an application for adjustment of status, if eligible (see below for a detailed overview of options).
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 the United States at the end of this grace period.
Disclaimer
We regularly update our blog section to acquaint the community with the latest changes in Immigration policies. Please note the information in this blog is for informational purposes only and is not intended to be nor should it be construed as legal advice. We can promptly and efficiently represent clients located anywhere in the US or abroad on US Immigration Policies. If you seek further clarification, don't hesitate to contact SanSha Law Office at [email protected] or call us at 469-777-6161.
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