Losing a job while on an H-1B visa can be a daunting experience. However, the U.S. Citizenship and Immigration Services (USCIS) provides a 60-day grace period to help affected individuals navigate this challenging time. This guide delves into the intricacies of the H-1B 60-day grace period, offering insights into eligibility, permissible actions, and best practices.
Understanding the 60-Day Grace Period
The 60-day grace period is a discretionary provision by USCIS that allows certain nonimmigrant workers, including H-1B visa holders, to remain in the U.S. for up to 60 consecutive days after their employment ends. This period is intended to provide time to:
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Find new employment and have a new employer file an H-1B petition.
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Apply for a change of status.
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Prepare for departure from the U.S.
It’s important to note that this grace period is granted at the discretion of USCIS and is not automatically guaranteed.
Eligibility Criteria
The 60-day grace period applies to individuals in the following nonimmigrant classifications:
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E-1, E-2, E-3
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H-1B, H-1B1
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L-1
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O-1
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TN
Dependents of these visa holders (e.g., H-4 for H-1B) are also eligible.
Commencement of the Grace Period
The grace period begins the day after the individual’s employment ends. USCIS clarifies that this is typically determined based on the last day for which a salary or wage is paid.
Actions Permissible During the Grace Period
During the 60-day grace period, individuals may:
1. Seek New Employment
If a new employer files a non-frivolous H-1B petition on behalf of the individual within the 60-day period, the individual can start working upon USCIS receipt of the petition.
2. Apply for a Change of Status
Individuals can apply to change their nonimmigrant status, such as transitioning to a B-2 visitor visa or F-1 student visa. It’s crucial to file this application within the 60-day window to maintain lawful presence.
3. Depart the United States
If unable to secure new employment or change status, individuals should prepare to leave the U.S. within the grace period to avoid accruing unlawful presence.
Limitations and Considerations
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Single Use: The 60-day grace period is available only once per authorized validity period of the visa.
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No Employment: Employment is not permitted during the grace period unless a new H-1B petition is filed and received by USCIS.
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No Extension: The grace period cannot be extended beyond 60 days or the end date of the authorized validity period, whichever is shorter.
Consequences of Overstaying
Overstaying beyond the 60-day grace period can lead to serious consequences, including:
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Accrual of unlawful presence, potentially leading to bars on reentry.
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Negative impact on future visa or immigration applications.
Best Practices
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Act Promptly: Begin job searches or status change applications immediately upon termination.
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Maintain Documentation: Keep records of termination dates, job applications, and any correspondence with USCIS.
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Consult Professionals: Engage with immigration attorneys or advisors to navigate the process effectively.
Conclusion
The 60-day grace period offers a vital opportunity for H-1B visa holders to transition smoothly after employment termination. By understanding the rules and acting swiftly, individuals can maintain lawful status and explore new opportunities within the United States.