The United States Citizenship and Immigration Services (USCIS) has moved its immigrant employee post-termination guide to its digital archives, signaling that while the guide may no longer be updated regularly, it still serves as a reference for recently laid-off non-immigrant workers. When employment ends—whether voluntarily or involuntarily—non-immigrant workers typically have several options: they can become the beneficiary of a nonfrivolous petition to change employers, file for a change of nonimmigrant status, apply for adjustment of status, or submit a “compelling circumstances” employment authorization request. These actions must be initiated within a 60-day grace period, generally calculated from the last date a salary or wage is paid.
This grace period is designed to offer time for non-immigrant workers to secure new employment or adjust their legal status, and may also allow spouses with valid Employment Authorization Documents (EAD) to continue working. H-1B visa holders can begin working with a new employer as soon as Form I-129 is filed, even before approval is granted. However, those transitioning to a different visa classification must wait for formal approval, which typically takes less than 15 business days. Importantly, if no action is taken within the 60-day window, individuals may be required to leave the U.S. either upon the grace period’s expiration or their visa’s end date—whichever comes first.
During the grace period, affected individuals are not permitted to leave and re-enter the country without obtaining a new immigration status. If a worker is outside the U.S. when the grace period ends, the benefit is no longer applicable. However, those who return before the grace period lapses may be eligible for a discretionary extension. Specific rules also apply to students on F-1 visas. STEM OPT students cannot exceed 150 days of unemployment across both their post-completion OPT and 24-month extension, while regular F-1 OPT holders are limited to 90 days of unemployment. The 60-day grace period policy applies only to certain visa categories, including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications, along with their dependents.
