60-Day Grace Period: Options Upon Employment Termination

The discretionary 60-day grace period offers a critical safety net for non-immigrant visa holders (and their dependents), in the United States, such as E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications who unexpectedly lose their jobs. This period enables individuals to maintain their legal status while they explore alternative options, such as finding new employment, changing their visa status, or preparing to leave the country. In this blog post, we will delve into the importance of the 60-day grace period, the process of applying for it, and the potential opportunities available during this crucial time.

The Importance of the 60-Day Grace Period

There was no grace period for terminated non-immigrant workers prior to a regulatory change in 2016. After the change, the 60-day grace period now offers a valuable opportunity for non-immigrant workers to retain their legal status, request a change of status, and continue their job search within the United States, even after their current non-immigrant status expires. This is possible as a terminated non-immigrant worker is allowed to remain in a period of authorized stay based on a timely filed non-frivolous application to extend or change status.

During this 60-day grace period, spouses of non-immigrant workers who have an Employment Authorization Document (EAD) or are employment authorized incident to status can also continue to keep working.

Applying for the 60-Day Grace Period

During the review of a subsequent extension of stay petition, change of status application, adjustment of status application, or employment authorization application for compelling circumstances, USCIS will decide if the grace period applies to non-immigrant worker’s case. Petitioners and applicants should include a statement in a cover letter to request USCIS to favorable exercise its discretion to grant the up to 60-day grace period.

Opportunities During the 60-Day Grace Period

• Find new employment: If you secure a new job offer within the 60-day grace period, your new employer can file a non-frivolous petition on your behalf. While a beneficiary of H-1B petition can join their new employers upon filing of a new H-1B petition,  those who are not in H-1B status will need to wait for the approval notice before beginning their employment.
• Change your visa status: If you’re unable to find new employment, you can explore the option of changing your visa status. For example, you could apply for a F-1 student visa to continue your education, an O-1 visa if you possess extraordinary abilities in your field, or a B-1/B-2 to remain in the US to continue your job search.
• Apply for a green card: If you’re eligible, you can apply for an adjustment of status to become a permanent resident (green card holder) during the grace period. This can be done through family sponsorship, employment, or other qualifying categories.
• Voluntary departure: If you’re unable to find new employment or change your visa status, you may need to leave the United States before the grace period ends to avoid accruing unlawful presence, which can result in future immigration consequences.

Conclusion

The 60-day discretionary grace period offers a crucial lifeline for non-immigrant visa holders who have lost their jobs. By understanding the significance of this grace period, the process of applying for it, and the potential opportunities available, you can maximize your chances of maintaining your legal status in the United States. Consulting an immigration attorney is highly recommended to ensure you make informed decisions and take the right course of action during this challenging time.