Law

Options for Nonimmigrant Workers After Employment Termination

The United States Citizenship and Immigration Services (USCIS) has provided a list of options for nonimmigrant workers who have been laid off. This applies to both voluntary and involuntary termination. If you have any immigration questions or are Seeking Asylum then you should contact an immigration attorney right away.

A grace period of 60 days

Nonimmigrant workers in the H-1B1, E-1, E-3, E-2, H-1B, L-1, TN, or O-1 classifications as well as their dependents, are granted a grace period during which they are considered to have maintained their status after their employment is terminated. This grace period, according to regulations, lasts for 60 consecutive days or until the authorized validity period expires, whichever is shorter.

Transfer to a new company

Workers with H-1B status are permitted to work for a new employer as soon as their new employer files a petition with USCIS. They are not required to look for a new job until the petition is approved.

If a nonimmigrant worker has a pending status modification application (Form I-485) for more than 180 days, they can transfer the immigrant visa petition to a new employer if they have a legitimate immigrant visa petition (Form I-140) and the new employer has a similar occupational classification. 

Status change

During the 60-day discretionary grace period, workers may apply to change their immigration status. Some individuals may apply to become a spouse’s dependent (e.g., H-4, L-2), others may be may be eligible for employment authorization based on their status, and still others may choose to apply for visitor (B-1 or B-2) or student status (F-1).

Status and employer changes

Workers may apply for new nonimmigrant status that is employer-sponsored in the same or a different category during the up to 60-day discretionary grace period. An L-1 worker, for example, may be eligible for new employment under the TN, E-3, or H-1B1 classifications, depending on the specific facts presented. 

Status modification

Some workers may be able to file an immigrant visa petition on their own while applying for adjustment of status, but only if they are eligible. If you are unsure about your status or immigration laws, speaking with an immigration attorney can help. 

Authorized Stay Period

If a worker is the recipient of a successful employment-based immigrant visa petition (Form I-140), they may be eligible for a one-year Compelling Circumstances Employment Authorization Document. 

Contact an immigration attorney right away.

If you have any questions about your immigration status or legal issues pertaining to immigration, you should seek professional assistance. Contact an experienced immigration lawyer today to get the assistance you deserve. 

Related Articles

Leave a Reply

Back to top button