Immigration Lawyer Blog
Imagine you’re working in the United States on a visa such as an H-1B, L-1, or TN and suddenly lose your job. Under current rules, you may have up to 60 days to find a new employer, change to another immigration status, or leave the United States.
Now, DHS is proposing to eliminate that 60-day grace period for certain employment-based visa holders. If the proposal is finalized, affected workers could have far less time to take action after their employment ends.
What the Rule Says Today
Under the current rule, H-1B workers generally have up to 60 days after losing or leaving a job to find a new employer, change to another immigration status, or make arrangements to leave the United States. This is known as the 60-day “grace period.” Under the proposed rule, that protection would disappear, meaning workers could begin falling out of status as soon as the day after their employment ends.
Who is Affected
The proposal would affect workers in these nonimmigrant visa categories:
- E-1 treaty traders
- E-2 treaty investors and qualifying employees
- E-3 Australian specialty occupation workers
- H-1B specialty occupation workers
- H-1B1 workers from Chile and Singapore
- L-1 intracompany transferees
- O-1 individuals with extraordinary ability or achievement
- TN professionals from Canada and Mexico
It would apply when employment or the qualifying activity underlying that status ends, whether the worker is terminated, laid off, or voluntarily leaves the job.
They generally would be considered to have failed to maintain status beginning the day after their employment ends unless they have some other lawful basis to remain in the United States.