When a nonimmigrant worker’s employment in the U.S. ends, whether voluntarily or involuntarily, they may still have options to stay legally in the country. If eligible, they can file an application to change to another nonimmigrant status, apply for adjustment of status, submit a request for a work permit based on compelling circumstances, or be named in a valid petition by a new employer. These steps, if taken within a specific window after termination, can allow the individual to remain in a period of authorized stay beyond the original timeframe linked to their previous job.
One of the key provisions for such situations is the up to 60-day grace period granted to certain nonimmigrant classifications. This grace period begins the day after employment ends—typically the last day a wage or salary is paid—and gives the individual time to pursue a new path that maintains their lawful status. The grace period applies regardless of whether the job loss was voluntary or involuntary, but it ends immediately if the worker leaves the United States.
The grace period can be used to stay in the country while applying for a new immigration status, or while a new employer files a petition on the worker’s behalf. In certain cases, such as with H-1B workers, employment with a new employer can begin as soon as USCIS receives a properly filed petition, without waiting for approval. Other visa categories may require the worker to wait until approval before beginning new employment, though expedited processing is often available.
This grace period is limited to specific classifications: E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN, as well as their dependents. If a nonimmigrant does not act within the grace period, they may need to leave the U.S. either at the end of those 60 days or when their current authorized stay expires, whichever comes first.
The timing of a worker’s termination is especially important for those who are abroad. If they are not physically present in the U.S. before the effective date of termination, the grace period does not apply. However, if they re-enter before the job officially ends, they may still benefit from it.
In the context of F-1 students on Optional Practical Training (OPT), different rules apply. Students may not be unemployed for more than 90 days during post-completion OPT, and those on a STEM OPT extension are limited to a total of 150 days of unemployment, combining the post-completion and STEM periods.
There are two types of job portability available depending on a worker’s immigration path. One allows H-1B workers to begin working for a new employer as soon as a petition is filed with USCIS. The other applies to individuals with an adjustment of status application that has been pending for 180 days. These individuals may be eligible to transfer their immigrant visa petition to a new job offer in a similar occupational field, either with their current or a new employer.
Together, these rules give workers some flexibility and protection following job loss, allowing them to explore new opportunities without immediately losing their lawful status in the United States.
