Options for Nonimmigrant Workers Following Termination of Employment
<div style=' background:#FFFFFF;color:#000000;font-size:15px;font-family:Verdana;width:auto;padding:5px;max-height:100%;'><span><p>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 are some options available to nonimmigrant workers seeking to remain in the United States in a period of authorized stay following termination. This information is updated as of 12/19/2022.<br></p><span></div><div style=' background:#FFFFFF;color:#000000;font-size:15px;font-family:Verdana;width:auto;padding:5px;max-height:100%;'><span><p><b>60-Day Grace Period</b><br>Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B,<br>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.<br>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).<br>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.<br>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.<br></p><span></div><div><img height='400px' width='auto;' class='img_dynaPost' src='/BlitzMobiImages/consumers/company551995499/mediafiles/DJYmmGbS61.tmp'/></div><div style=' background:#FFFFFF;color:#000000;font-size:15px;font-family:Verdana;width:auto;padding:5px;max-height:100%;'><span><p><b></b><b>Portability to a New Employer</b><br>Portability rules permit workers currently in H-1B status 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. <br>Also, a worker with an adjustment of status application (Form I-485) that has been pending for at least 180 days with an underlying valid immigrant visa petition (Form I-140) has the ability to transfer the underlying immigrant visa petition to a new offer of employment in the same or similar occupational classification with the same or a new employer. This is commonly referred to as “porting.” <br><br></p><p><b>Change of Status</b><br>Workers may use the up to 60-day discretionary grace period to apply to change their nonimmigrant status, which may include changing status to become the dependent of a spouse (e.g., H-4, L-2). Some individuals in a dependent nonimmigrant status may be eligible for employment authorization incident to status, including spouses of E-1, E-2, E-3, or L-1 nonimmigrants. <b></b><br></p><span></div><div style=' background:#FFFFFF;color:#000000;font-size:15px;font-family:Verdana;width:auto;padding:5px;max-height:100%;'><span><p><b>Change of Status and Employer</b><br>Workers may use the up to 60-day discretionary grace period to seek a new employer-sponsored nonimmigrant status in the same or different status. For example, depending on the specific facts presented, an L-1 worker may be eligible for new employment under the TN, E-3, or H-1B1 classifications. <br><br></p><p><b>Adjustment of Status</b><br>Some workers may be eligible to file a self-petitioned immigrant visa petition concurrently with an adjustment of status application. Examples of immigrant classifications that are eligible for self-petitioning include EB-1 Extraordinary Ability, EB-2 National Interest Wiaver, or EB-5 Immigrant Investors. Workers with a pending adjustment application are generally eligible to remain in the United States and obtain an Employment Authorization Document (EAD).<br><br>Source : <a target="_blank" rel="nofollow" href="https://uscis.gov">https://uscis.gov</a> <br></p><span></div>
